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SOUTHERN RAILWAY COMPANY v. DOCKERY

No. 68SC36.

160 S.E.2d 537 (1968)

1 N.C. App. 195

SOUTHERN RAILWAY COMPANY v. Boyd J. DOCKERY.

Court of Appeals of North Carolina.

April 24, 1968.

Attorney(s) appearing for the Case

Mullen, Holland & Harrell, by James Mullen, Gastonia, and W. T. Joyner, Joyner & Howison, Raleigh, for plaintiff-appellant.

E. R. Warren and Sanders & LaFar, by Julius T. Sanders, Gastonia, for defendant-appellee.

BRITT, Judge.

Plaintiff's two assignments of error relate to the allowance of defendant's motion for judgment as of involuntary nonsuit and the entry of judgment thereon.

Certain well-established principles of law pertinent to this appeal are succinctly stated by Parker, C.J., in the recent case of Cutts v. Casey, 271 N.C. 165, 155 S.E.2d 519, as follows:

"A motion to nonsuit presents...

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