McCreery v. Westmoreland Farm Bureau Co-Operative Ass'n

Opinion by

Mr. Justice Jones,

This is an appeal from a judgment of compulsory nonsuit entered in a trespass action, for damages for personal injury. The learned court below acted in the manner stated on the grounds that the plaintiff failed to prove the defendant negligent and that the injury in suit was the result of the plaintiff’s contributory negligence. In reviewing the refusal of the court below to take off the compulsory nonsuit entered at trial, we necessarily take the evidence adduced in the plaintiff’s case as true, reading it in the light most favorable to him and giving him the…