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McSWAIN v. LANE

No. 6826SC352.

164 S.E.2d 77 (1968)

3 N.C. App. 22

E. L. McSWAIN v. Thomas G. LANE, Jr., Administrator of the Estate of George Z. Howard. Sue McSWAIN v. Thomas G. LANE, Jr., Administrator of the Estate of George Z. Howard.

Court of Appeals of North Carolina.

November 13, 1968.

Attorney(s) appearing for the Case

Sanders, Walker & London by Alvin A. London and James M. Shannonhouse, Jr., Charlotte, for plaintiff appellants.

Clayton, Lane & Helms by O. W. Clayton, Charlotte, Childers & Fowler by Max L. Childers, Mount Holly, for defendant appellee.

CAMPBELL, Judge.

The plaintiffs assign as error the granting by trial court of the motions for judgment as of involuntary nonsuit entered at the close of the evidence on behalf of plaintiffs.

"It is axiomatic that on motion to nonsuit the evidence must be taken as true and considered in its light most favorable to the plaintiff. Plaintiff is entitled to the benefit of every reasonable inference which may be drawn therefrom. Contradictions and inconsistencies...

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