FELTON, Chief Judge.
The court erred in granting a nonsuit. It is fundamental that where a petition is not demurred to and the jury is authorized to find that the plaintiff proves his case as laid he is entitled to a verdict, if the jury finds in his favor, unless the plaintiff goes too far and shows by his own evidence that he is in fact and in law not entitled to recover, and unless the latter appears, a nonsuit is improper. Fleming v. E. I. DuPont de...
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