Davis v. . Long

Defendant made a motion for judgment as in case of nonsuit at the close of plaintiff’s evidence and at the close of all the evidence. C. S., 567. The court below refused these motions and in this we think there was no error.

On a motion to nonsuit, the evidence is to be taken in the light most favorable to plaintiff, and he is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom. Christman v. Hilliard, 167 N. C., 6; Oil Co. v. Hunt, 187 N. C., 157; Hanes v. Utilities Co., 188 N. C., 465.

In the progress of the trial the…