Kalin v. Delaware Valley Telephone Co.

WILLIAMS, P. J.,

This matter is before the court en banc on a motion to remove a compulsory nonsuit. At the conclusion of plaintiff’s proof as to liability, the trial judge sustained motions for a compulsory nonsuit entered by counsel for both the original and additional defendants, on the ground that plaintiff had failed to establish negligence on the part of either defendant.

A nonsuit may only be entered in a clear case. Plaintiff must be given the benefit of all favorable testimony and every reasonable inference of fact arising therefrom and all conflicts therein must be resolved in his…