Goss Ex Rel. Goss v. Williams

The defendant moved for judgment as in case of non-spit' at the close of plaintiff’s evidence and at the conclusion of all the evidence. C. S., 567. The evidence on the part of plaintiff was circumstantial in its nature,.but sufficient to be submitted to the jury. The probative force was for them to determine.

“It is the settled rule of practice and the accepted position in this jurisdiction that, on a motion to nonsuit, 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…