Scott v. Purcell

SPAETH, Judge:

This is an appeal from the refusal to take off orders of compulsory nonsuit.

In reviewing the propriety of the orders, we must apply the rule stated in Shechter v. Shechter, 366 Pa. 30, 33, 76 A.2d 753, 755 (1950), where the Supreme Court said that a nonsuit “should only be entered in a clear case where the plaintiff cannot recover under any view of the evidence with every doubt resolved against its entry and all inferences drawn most favorably to the plaintiff. As a general rule unless there are no conflicting inferences to be drawn it is far better to hear the defense so that…