Benton v. Owens

Hall, Judge.

The rule is that, if the plaintiff fails to make out a prima facie case, a nonsuit will be granted. Code § 110-310. “When a court passes upon a motion for a nonsuit it decides only one question, that is, do the allegations and the proof correspond? ... If a plaintiff 'proves his case as laid,’ he is entitled to prevail as against a nonsuit. . .” McCoy Grocery Co. v. Travelers Indem. Co., 101 Ga. App. 638 (1) (114 SE2d 924). If “the plaintiff proves every fact charged, but, on cross-examination or otherwise, disproves his right to recover, by establishing the existence of other…