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JACKSON v. STANCIL

No. 22.

116 S.E.2d 817 (1960)

253 N.C. 291

Carl C. JACKSON, Administrator of the Estate of Joseph E. Taylor, Deceased, v. Thomas E. STANCIL, Jr., d/b/a Stancil Flying Service, and Joseph Morena Rivera. Deward SMITH v. Thomas E. STANCIL, Jr., d/b/a Stancil Flying Service, and Joseph Morena Rivera.

Supreme Court of North Carolina.

November 9, 1960.

Attorney(s) appearing for the Case

Eugene Forrest Gordman, Norfolk, Va., LeRoy Scott and McMullan & McMullan, Washington, for plaintiffs.

Rodman & Rodman and Wilkinson & Ward, Washington, for defendant Stancil.

MOORE, Justice.

Defendant Stancil assigns as error the refusal of the court to allow his motion for compulsory nonsuit. G.S. § 1-183. It is our opinion that the evidence, when considered in the light most favorable to plaintiffs, is sufficient to take the case to the jury.

We refrain from a detailed discussion and analysis of the evidence. Suffice it to say that it is sufficient to justify the jury in concluding: Plaintiffs were passengers for hire. Rivera...

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