Tolbert v. Gillette

Opinion by

Mr. Chief Justice Bell,

This is an appeal from a judgment of nonsuit.

On January 12, 1964, plaintiff alighted from an automobile, stepped from the car onto defendant’s sidewalk, slipped, fell and sustained the injuries for which she brought this suit. A light snow had been falling and the brick sidewalk was covered to a depth of one to two inches.

It is hornbook law that a judgment of nonsuit can be entered only in clear cases, and before it may be entered the plaintiff must be given the benefit of all evidence favorable to her and all reasonable inferences of fact arising therefrom;…