COZART v. HUDSON

No. 753.

78 S.E.2d 881 (1954)

COZART v. HUDSON et al.

Supreme Court of North Carolina.

January 15, 1954.


Attorney(s) appearing for the Case

J. Grover Lee, Durham, for defendants Harvard H. Hudson and H. H. King, Jr., appellants.

Jack C. Woodall, Durham, for plaintiff Vern E. Cozart, appellee.


ERVIN, Justice.

The only assignment of error requiring discussion is based on the disallowance of the motion of the defendants to dismiss the plaintiff's action upon compulsory nonsuit after all the evidence on both sides was in.

"In determining the legal sufficiency of testimony to withstand a motion for a compulsory nonsuit after all the evidence on both sides is in, the testimony is interpreted most favorably to plaintiff, and most strongly against defendant...

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