SAFEGUARD INS. CO. v. WILMINGTON COLD STORAGE CO.

No. 195.

149 S.E.2d 27 (1966)

267 N.C. 679

The SAFEGUARD INSURANCE COMPANY v. WILMINGTON COLD STORAGE COMPANY, a N. C. Corporation, and C. L. Austin, Herbert W. Cannady, Julien H. Squires and Alexander P. Mercer, d/b/a Port City Cold Storage Company, a Co-Partnership.

Supreme Court of North Carolina.

July 6, 1966.


Attorney(s) appearing for the Case

Aaron Goldberg and David H. Scott, Wilmington, for plaintiff appellant.

Hogue, Hill & Rowe, by C. D. Hogue, Jr., Wilmington, for defendant appellee Wilmington Cold Storage Co.

Carter, Murchison, Fox & Newton, by Oliver Carter, Wilmington, for defendant appellees C. L. Austin, Herbert W. Cannady, Julien H. Squires and Alexander P. Mercer, d/b/a Port City Cold Storage Co., a partnership.


PARKER, Chief Justice.

Plaintiff assigns as error the entry of the judgment of compulsory nonsuit of its action entered at the close of its evidence.

In considering whether the court erred in entering the judgment of compulsory nonsuit here, plaintiff's evidence is to be taken as true, and its evidence must be considered in the light most favorable to plaintiff, giving it the benefit of every fact and inference of fact reasonably to be drawn therefrom consistent...

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