Duckworth v. Metcalf

There was no error in the denial of the motion by Metcalf for a judgment of nonsuit. Upon such motion, the evidence offered by the plaintiff must be taken to be true and considered in the light most favorable to him and evidence offered by the defendant tending to contradict or rebut the plaintiff’s evidence must be disregarded. Bennett v. Young, 266 N.C. 164, 169, 145 S.E. 2d 853, and cases there cited. So interpreted, the plaintiff’s evidence is sufficient to show that the proximate cause of the plaintiff’s injuries was the act of Courtney in undertaking to pass another vehicle proceeding…