SEBURN v. LUZERNE & CAR. CO. M. T. CO.


394 Pa. 577 (1959)

Seburn, Appellant, v. Luzerne & Carbon County Motor Transit Company.

Supreme Court of Pennsylvania.

January 12, 1959.


Attorney(s) appearing for the Case

Louis George Feldmann, with him James J. Boyle, for appellants.

William S. McLean, with him James, McLean, Silverblatt & Miner, for appellee.

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


OPINION BY MR. JUSTICE BELL, January 12, 1959:

This is an appeal from a judgment of nonsuit.

A nonsuit can be granted only in a clear case. In considering the entry or removal of a compulsory nonsuit, it is hornbook law that "plaintiffs must be given the benefit of all the favorable testimony and every reasonable inference of fact arising therefrom; and all conflicts therein must be resolved in their favor: Parker v. McCrory Stores Corp., 376...

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