Tew v. Runnels

The sole question for determination is whether or not upon the evidence adduced in the trial below the defendant was entitled to have his motion for judgment as of nonsuit sustained on the ground that the plaintiff’s intestate was guilty of contributory negligence as a matter of law.

The defendant offered evidence; therefore, the only motion for judgment as of nonsuit to be considered is that made at the close of all the evidence. Atkins v. Transportation Co., 224 N.C. 688, 32 S.E. 2d 209; Harrison v. R.R., 194 N.C. 656, 140 S.E. 598.

In considering such motion, we will not only consider…