Duke & Co. v. Anderson

SPAETH, Judge:

This is an appeal from an order denying a motion to remove a compulsory nonsuit.

A nonsuit is proper only if the jury, after viewing the evidence in the light most favorable to the plaintiff, and then giving the plaintiff the benefit of all reasonable infer enees arising from that evidence, could not reasonably conclude that the elements of the cause of action had been established. Watkins v. Sharon Aerie No. 327 F. O. E., 423 Pa. 396, 223 A.2d 742 (1966); Herman v. Horst, 255 Pa.Super. 232, 234, 386 A.2d 594, 595 (1978). Viewed in this light, the evidence may be stated as…