Fox v. Asheville Army Store, Inc.

This case brings up a consideration of the conditions upon which the trial court may take a case away from the jury for want of sustaining evidence.

According to the uniform holding of this Court, a case cannot be taken away from the jury when there is more than a scintilla of evidence to sustain the allegations of the complaint. Gates v. Max, 125 N. C., 139, 34 S. E., 266; Cable v. R. R., 122 N. C., 892, 29 S. E., 377; Cox v. R. R., 123 N. C., 604, 31 S. E., 848. “That act” (C. S., 567) “was not intended to deprive parties of the right to trial by jury where there is any evidence . . .”…