Polansky v. Millers' Mutual Fire Insurance

The defendant assigns as Errors Nos. 4 and 5 the trial court’s denying its motion for judgment of nonsuit made at the close of 'the plaintiff’s evidence, and renewed at the close of all the evidence. Gr.S. 1-183.

In passing upon such a motion it is well settled law that the plaintiff’s evidence is taken as true, and given every reasonable inference in favor of the plaintiff; the defendant’s evidence, unless favorable to the plaintiff, is not considered, except when not in conflict with plaintiff’s evidence, it may be used to explain or make clear that which has been offered by the plaintiff.…