Powell v. Lloyd

Tbe question on this appeal is the correctness of the ruling below allowing the defendant’s motion for judgment of nonsuit. Defendant offered no evidence, but plaintiff’s evidence made out a case of actionable negligence against her. Therefore, if the judgment of the court below is sustained, it must be upon the basis that plaintiff’s own evidence proved as a matter of law that he was guilty of contributory negligence. Upon a motion for nonsuit the plaintiff is always entitled to have the evidence which tends to support his position considered in the light most favorable to him. He is…