Sampson v. . Jackson Bros. Co.

The defendant introduced no evidence, and at the close of plaintiff’s evidence made motion as in case of nonsuit, C. S., 567. The court below sustained the motion, and in this we see no error.

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