Holton v. Northwestern Oil Co.

At tbe close of plaintiffs’ evidence tbe defendant made a motion in tbe court below for judgment as in case of nonsuit. C. S., 567. This motion was sustained, and in this we can see no error.

It is tbe well settled rule of practice and accepted position in this jurisdiction that, on a motion to nonsuit, tbe evidence which makes for tbe plaintiff’s claim and which tends to support bis cause of action, whether offered by tbe plaintiff or elicited from tbe defendant’s witnesses, will be taken and considered in its most favorable light for tbe plaintiff, and be is entitled to tbe benefit of every…