Moseley v. Atlantic Coast Line Railroad

The first main assignment of error by the defendant was to the refusal of the court below at the close of plaintiff’s evidence, and at the close of all the evidence, to dismiss the action or for judgment as in case of nonsuit. C. S., 567. This assignment of error cannot be sustained.

As often repeated: “It is the 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 her cause of action, whether offered by the plaintiff or elicited from the defendant’s witnesses, will…