Fussell v. Atlantic Coast Line Railroad Co.

The question arising on the grant of a non-suit and. the exception thereto is: “Does the evidence for the- plaintiff, most favorably considered, show any evidential facts, or inference reasonably deducible from evidential facts, tending in any appreciable degree to establish his right to recover? If so, there is 'proof to support the plaintiff’s allegations,’ and a non-suit is erroneous. Corcoran v. Merchants and Miners Transportation Co., 1 Ga. App. 743 (57 S. E. 962); Vickers v. Atlanta & W. P. R. Co., 64 Ga. 307.” Cochrell v. Langley Mfg. Co., 5 Ga. App. 317, 320 (supra). In determining…