Tindle v. Denny

On motion to nonsuit, the plaintiff’s evidence is to be taken as true, and all the evidence must be considered in the light most favorable to the plaintiff, giving him the benefit of every fact and inference of fact pertaining to the issues which may be reasonably deduced from the evidence. The defendant’s evidence which tends to impeach or contradict the plaintiff’s evidence is not to be considered, butl cleféndant’s evidence, may' be considered to the extent that it is not in conflict with plaintiff’s, evidence and tends to make clear or explain plaintiff's evidence. Discrepancies and…