Laubach v. Haigh

Opinion by

Mr. Chief Justice Bell,

Plaintiff appeals from the refusal of the lower Court to remove a compulsory nonsuit entered in a trespass action arising from an automobile accident. The pertinent principles of law are well settled: (1) a non-suit can be entered only in clear cases and plaintiff must be given the benefit of all evidence favorable to him together with all reasonable inferences of fact arising therefrom, and any conflict in the evidence must be resolved in his favor; (2) plaintiff or his personal representative has the burden of proving by a fair preponderance of the evidence…