Norton v. Lynah

91 S.E. 918, 19 Ga. App. 501, 1917 Ga. App. LEXIS 199

Opinion

Luke, J.

1. If the plaintiff’s evidence establishes the case substantially as laid, although there be conflict in the testimony of the witnesses for the plaintiff, a nonsuit is not proper. Outcault Advertising Go. v. American Furniture Go., 10 Ga. App. 211 (73 S. E. 20); Wallace v. Southern Ry. Co., 10 Ga. App. 90 (72 S. E. 606) ; Civil Code (1910), § 5942. The evidence of the plaintiff in this case was sufficient to have carried the case to the jury, and the granting of a nonsuit was error.

2. There is no merit in any of the assignments of error not covered by the foregoing ruling.

Judgment reversed.

Wade, O. J., and George, J., concur.