Newbern v. Western Union Telegraph Co.

We think tbe court below was in error in sustaining defendant’s motion for judgment as in case of nonsuit, under 0. S., 567. On a motion to nonsuit, tbe evidence is to be taken in tbe light most favorable to plaintiff, and be is entitled to tbe benefit of every reasonable intendment upon tbe evidence, and every reasonable inference to be drawn therefrom.

We do not repeat or discuss tbe evidence, as tbe case goes back to tbe court below to be tried on tbe issues arising on tbe pleadings.

We think the notice given by plaintiff to defendant, in letter of 2 September, 1924, fully ample under the…