What is the uniform rule which an appellate court should follow in disposing of an appeal from a judgment of nonsuit?

California, United States of America


The following excerpt is from Bartosh v. Banning, 251 Cal.App.2d 378, 59 Cal.Rptr. 382 (Cal. App. 1967):

The uniform rule which an appellate court should follow in disposing of an appeal from a judgment of nonsuit is, that the court must view the evidence in the light most favorable to the appellant, must disregard all inconsistencies and draw only those inferences from the evidence which can reasonably be drawn which are favorable to the appellant. (Golceff v. Sugarman, 36 Cal.2d 152, 153, 222 P.2d 665.)

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