Lewis v. Barnhill

The Motion for Judgment of Nonsuit

It is elementary that upon a motion for judgment of nonsuit the evidence introduced by the plaintiff is to be interpreted in the light most favorable to him, all conflicts therein are to be resolved in his favor, all reasonable inferences therefrom which are favorable to him are to be drawn, the evidence introduced by the defendant is to be considered only insofar as it is favorable to the plaintiff and the motion for nonsuit may not be allowed on the ground of contributory negligence unless the plaintiff’s own evidence establishes such negligence so clearly…