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FLAGIELLO v. CRILLY

409 Pa. 389 (1963)

Flagiello, Appellant, v. Crilly.

Supreme Court of Pennsylvania.

January 8, 1963.

Attorney(s) appearing for the Case

Martin J. Cunningham, Jr., with him Cunneen & Cunningham, for appellants.

Robert W. Beatty, with him Ernest L. Green, Jr., and Butler, Beatty, Greer and Johnson, for appellees.

Before BELL, C.J., MUSMANNO, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, January 8, 1963:

Plaintiffs appeal from a judgment of nonsuit. It is hornbook law that a judgment of nonsuit can be entered only in clear cases and plaintiff must be given the benefit of all evidence favorable to him, together with all reasonable inferences of fact arising therefrom, and any conflict in the evidence must be resolved in his favor: Castelli v. Pittsburgh Railways Company, 402 Pa. 135...

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