TODD v. SMATHERS

No. 746.

76 S.E.2d 459 (1953)

238 N.C. 140

TODD v. SMATHERS.

Supreme Court of North Carolina.

June 12, 1953.


Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston-Salem, for plaintiff appellee.

Ratcliff, Vaughn, Hudson, Ferrell & Carter, Winston-Salem, Jordan & Wright, Wharton, Poteat & Wharton, Greensboro, for defendant appellant.


WINBORNE, Justice.

Only one question is presented: Is there error in denial of motion of defendant for judgment as of nonsuit? Taking the evidence in the light most favorable to plaintiff, and giving to him the benefit of every reasonable inference, as is done in considering motions for judgment as of nonsuit, it would seem that the case is one for the jury, under well-established principles of law. Since there is no exception to the charge, the court must have properly...

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