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MATTINGLY v. NORTH CAROLINA RAILROAD COMPANY

No. 233.

117 S.E.2d 844 (1961)

253 N.C. 746

Harvey W. MATTINGLY v. NORTH CAROLINA RAILROAD COMPANY and Southern Railway Company.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

Sedberry, Sanders & Walker, Charlotte, for plaintiff-appellee.

W. T. Joyner, Raleigh, and Robinson, Jones & Hewson, Charlotte, for defendants-appellants.

WINBORNE, Chief Justice.

Defendants stress for error the overruling of their motion for judgment as of nonsuit at the close of the plaintiff's evidence. In such case the evidence is to be viewed in the light most favorable to the plaintiff, giving to him the benefit of every reasonable inference to be drawn therefrom, and assuming to be true all the facts in evidence tending to support his cause of action. Ervin v. Cannon Mills Co., 233 N.C. 415

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