McCoy Grocery Company v. Travelers Indemnity Company

Nichols, Judge.

1. “ ‘When a court passes upon a motion for a non-suit it decides only one question, that is, do the allegations and the proof correspond? In sustaining such a motion the court does not hold that the plaintiff is not entitled, under the law, to recover on the facts alleged; neither does the overruling of the motion decide that the plaintiff is entitled under the law to recover. The right to recover under the facts alleged is not involved in the decision of such a motion. If a plaintiff “proves his case as laid,” he is entitled to prevail as against a nonsuit; but it by means…