SINGLETARY v. NIXON

No. 100.

80 S.E.2d 676 (1954)

239 N.C. 634

SINGLETARY v. NIXON et al.

Supreme Court of North Carolina.

March 17, 1954.


Attorney(s) appearing for the Case

John M. King and Thorp & Thorp, Rocky Mount, for plaintiff appellant.

E. J. Wellons, Smithfield, and Cooley & May, Nashville, for defendant appellees.


BARNHILL, Chief Justice.

When a motion to dismiss an action as in case of involuntary nonsuit comes on to be heard at the conclusion of all the evidence, as here, the question should be decided upon a consideration of all the evidence. G.S. § 1-183; Atkins v. White Transportation Co., 224 N.C. 688, 32 S.E.2d 209.

This rule, however, is subject to certain limitations: (a) the evidence is to be taken in the light most favorable to the plaintiff and he is...

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