Gore v. City of Wilmington

The main assignment of error made by defendant was that the court below overruled defendant’s motion for judgment as in case of nonsuit at the close of plaintiff’s evidence and at the close of all the evidence. O. S., 567. In this we think there was no error.

“It is the settled rule of practice and the accepted position in this jurisdiction that, on a motion to notísuit, the evidence which makes for the plaintiff’s claim and which tends to support her cause of action, whether offered by the plaintiff or elicited from the defendant’s witnesses, will be taken and considered in its most favorable…