Hardin v. Nicholas

In passing upon the question of whether or not the court rightly awarded a nonsuit, the evidence must be construed most strongly in favor of the plaintiff’s right to recover. National Land & Coal Co. v. Zugar, 171 Ga. 228 (2) (155 S. E. 7). “A motion for nonsuit presents only the question of whether the plaintiff has proved his case substantially as laid, and where, under the most favorable construction, a prima facie case has been made out, the grant of a nonsuit is error. Henry v. Roberts, 140 Ga. 477 (79 S. E. 115); Box v. Atlantic & B. R. Co., 120 Ga. 1050 (48 S. E. 427).” Reese v. Bice,…