Davis v. W. P. Brown Sons Lumber Company

Regardless of whether a petition sets out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit. On application of this rule of practice to the facts of the present record, the grant of a nonsuit was error.

No. 15005. NOVEMBER 21, 1944.

This case originated by Davis filing a suit to enjoin Otha Waddell, acting for W. P. Brown Sons Lumber Company, from trespassing and cutting certain timber…