BRINKLEY v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 290.

156 S.E.2d 225 (1967)

271 N.C. 301

James R. BRINKLEY v. NATIONWIDE MUTUAL INSURANCE COMPANY. WILSON TRANSPORT LEASE, INC. v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

August 25, 1967.


Attorney(s) appearing for the Case

Lucas, Rand, Rose, Morris & Meyer, Wilson, for defendant appellant.

Gardner, Connor & Lee, by J. M. Reece, Wilson, for plaintiff appellees.


PARKER, Chief Justice.

It is hornbook law that on a motion to nonsuit plaintiff's evidence is to be taken as true, and all the evidence must be considered in the light most favorable to plaintiff, giving him the benefit of every fact and inference of fact pertaining to the issues which may be reasonably deduced from the evidence. Defendant's evidence which tends to impeach or contradict plaintiff's evidence is not to be considered, but defendant's evidence may be...

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