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ROBBINS v. CRAWFORD

No. 22.

99 S.E.2d 852 (1957)

246 N.C. 622

Mack Thomas ROBBINS, Administrator of Mack Thomas Robbins, Jr., Deceased, v. Emmett L. CRAWFORD, Frank Jones and Alma Jones.

Supreme Court of North Carolina.

September 25, 1957.

Attorney(s) appearing for the Case

S. M. Blount and John A. Wilkinson, Washington, for appellant.

Roland C. Braswell, Goldsboro, for appellees.

JOHNSON, Justice.

Defendant's evidence which is not at variance with plaintiff's evidence but which tends to explain and clarify it, may be considered on motion to nonsuit. Nance v. Hitch, 238 N.C. 1, 76 S.E.2d 461, 41 A.L.R.2d 318.

When the whole of the evidence in the case at hand is read in the light of this rule, it is apparent that the plaintiff's evidence is not at material variance...

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