Robinette v. Wike

In passing upon the plaintiff’s motion for judgment of nonsuit as to the defendant’s counterclaim, all of the evidence, including that offered by the plaintiff, must be interpreted in the light most favorable to the defendant, since, as to the counterclaim, the defendant is in the position of a plaintiff seeking relief. So interpreted, the plaintiff’s own testimony and his own statement to the investigating patrolmen are sufficient to support a finding that he reentered the highway from the private driveway without maintaining a proper lookout, when the automobile of the defendant was in…