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SLOSS v. GREENBERGE

396 Pa. 353 (1959)

Sloss, Appellant, v. Greenberger.

Supreme Court of Pennsylvania.

July 2, 1959.

Attorney(s) appearing for the Case

Albert E. Acker, with him Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellants.

Cyril T. Garvey, with him Thomas H. Armstrong, and Evans and Garvey, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BELL, July 2, 1959:

Plaintiffs' motion to take off a nonsuit was dismissed, and from the Judgment of nonsuit plaintiffs have appealed. It is, of course, hornbook law that plaintiff must be given the benefit of every fact and every reasonable inference of fact arising from the evidence, and all conflicts therein must be resolved in his favor: Seburn v. Luzerne and Carbon County Motor Transit Co., 394 Pa. 577

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