Seburn v. Luzerne & Carbon County Motor Transit Co.

Opinion by

Me. Justice Bell,

This is an appeal from a judgment of nonsuit.

A nonsuit can be granted only in a clear case. In considering the entry or removal of a compulsory non-suit, it is hornbook law that “plaintiffs must be given the benefit of all the favorable testimony and every reasonable inference of fact arising therefrom; and all conflicts therein must be resolved in their favor: Parker v. McCrory Stores Corp., 376 Pa. 122, 101 A. 2d 377; Lewis v. Quinn, 376 Pa. 109, 101 A. 2d 382.”: Finnin v. Neubert, 378 Pa. 40, 41, 42, 105 A. 2d 77.

In the light of these familiar rules, the…