Watts v. . Lefler

The plaintiffs’ assignments of error, as to the exclusion of evidence, will not be considered. The questions may not arise on another trial of the case. The main question we will consider: The court below granting the motion of defendant A. E. Lefler for judgment as in case of nonsuit at the close of the plaintiffs’ evidence. C. S., 567.

The accepted rule is: “On a motion to nonsuit, the evidence is to be taken in the light most favorable to plaintiff, and he is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom.”…