Madrin v. Norfolk Southern Railroad

At the close of plaintiff’s evidence, the court below sustained motions of defendants for judgment as in case of nonsuit. C. S., 567. As to the Sinclair Refining Company, we can- see no error; but as to the Norfolk Southern Railroad Company we think there was error.

*788As often repeated, it is tbe well settled rule of practice and the 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…