Walker v. County of Randolph

The primary question to be determined on this appeal is whether or not the court committed error in overruling the defendant’s motion for judgment as of nonsuit.

In our opinion, when plaintiff’s evidence is considered in the light most favorable to her, as it must be on motion for judgment as of nonsuit, it is sufficient to take the case to the jury. Pierce v. Insurance Co., 240 N.C. 567, 83 S.E. 2d 493; Winfield v. Smith, 230 N.C. 392, 53 S.E. 2d 251; Grier v. Phillips, 230 N.C. 672, 55 S.E. 2d 485.

We concede that this is a borderline case. In principle, however, we think the evidence falls…