McSwain v. Lane

The plaintiffs assign as error the granting by the trial court of the motions for judgment as of involuntary nonsuit entered at the close of the evidence on behalf of plaintiffs.

“It is axiomatic that on motion to nonsuit the evidence must be taken as true and considered in its light most favorable to the plaintiff. Plaintiff is entitled to the benefit of every reasonable inference which may be drawn therefrom. Contradictions and inconsistencies in plaintiff’s evidence are for the jury where the evidence, taken in its most favorable light to the plaintiff, makes out a prima facie case. All…