Bryant v. S. H. Kress Company

(After stating the foregoing facts.) “A non-suit shall not be granted merely because the court would not allow a verdict for the plaintiff to stand; but if the plaintiff fails to make out a prima facie case, or if, admitting all the facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit shall be granted.” Code, § 110-310. A motion to nonsuit is in the nature of a demurrer to the evidence, and should never be granted when there is any evidence tending to sustain the plaintiff’s action, or where the jury can fairly infer from the evidence a state of…