Williams v. Smith

Sutton, Justice.

The question for determination is whether the evidence for the plaintiff was sufficient to prevent a nonsuit. Therefore, the relevant evidence has been set out at length.

“A nonsuit shall not be granted merely because the court would not allow a verdict for plaintiff to stand; but if the plain-jiff fails to make out a prima facie case, or if, admitting all the facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit shall be granted.” Code § 110-310. If the plaintiff fails to prove what he has alleged, or if he actually proves every…