Protesto v. Vassalo

Bretherick, J.,

The matter before us in this action of assumpsit is plaintiffs’ motion to take off a compulsory nonsuit. The motion will be granted and the nonsuit removed.

“A nonsuit may be entered only in a clear case. If there is doubt of the inferences that may be drawn from the oral evidence, it must be submitted to the jury. In passing on a motion to nonsuit and in reviewing the refusal to take off a nonsuit, the oral evidence must be regarded in the light most favorable to the plaintiff, who must receive the benefit of every fact the jury might reasonably infer in plaintiff’s favor from…