Strother v. Binkele

SPAETH, Judge:

This is an appeal from an order refusing to take off a nonsuit in a trespass action to recover for personal injuries suffered as a result of a slip and fall.

*409In considering an appeal from a refusal to take off a nonsuit, we must view the evidence in the light most favorable to the appellant, resolving every conflict in his favor, and giving him the benefit of every reasonable favorable inference. Wilson v. Howard Johnson Restaurant, 421 Pa. 455, 219 A.2d 676 (1966); Fegely v. Costello, 417 Pa. 448, 208 A.2d 243 (1965). Viewed in this light, appellant’s evidence was to the…