Almond v. . Oceola Mills, Inc.

At the close of plaintiff’s evidence the defendant made a motion in the court below for judgment as in case of nonsuit. C. S., 567. The motion was sustained and in this we think there is error.

It is the well settled rule of practice and accepted position in this jurisdiction that, on a motion to nonsuit, the evidence which makes for the plaintiff’s claim and which tends to support his cause of action, whether offered by the plaintiff or elicited from' the defendant’s witnesses, will be taken and considered in its most favorable light for the plaintiff, and he is entitled to the benefit of…