Fogarty v. Hartley

1. (a) A nonsuit should not be granted in any case where 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. Clark v. Bandy, 196 Ga. 546 (27 S. E. 2d 17).(5) This is true regardless of whether or not a petition sets out a cause of action, and regardless of whether or not a verdict for the plaintiff would in law be allowed to stand. A petition may be wholly insufficient to sustain a recovery, yet the plaintiff will not be subject to nonsuit if…