Rogers v. Stamos
Rogers v. Stamos
Opinion of the Court
(After stating the foregoing facts.) “A non-suit shall not be granted merely because the court would not allow a verdict for 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 presents for decision the single question whether or not the evidence introduced in behalf of the plaintiff, assuming it to be true, proves his case as laid.” Reeves v. Jackson, 113 Ga. 182 (2) (38 S. E. 314). “The evidence must be taken most strongly in favor of the plaintiff, in passing on the question whether or not the court rightly awarded the non-suit.” James v. Newman, 73 Ga. App. 79, 80 (4) (35 S. E. 2d, 581).
■ Construing the evidence in its most favorable aspect to the plaintiff in view of the foregoing principles, the only evidence in support of the allegations, or the only inferences that may be
The court did not err in granting a nonsuit, and in thereafter overruling the motion to reinstate the case.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.