Caudle v. SOUTHERN RAILWAY COMPANY

A majority of this Court is of opinion that the evidence offered by plaintiff was sufficient, when considered in the light most favorable to him, to require submission of the case to the jury. Hence, the assignment of error directed to the denial of defendant’s motion for judgment of nonsuit is overruled. Since a new trial is awarded for reasons stated below, we refrain from a discussion of the evidence presently before us. Harrison v. Kapp, 241 N.C. 408, 85 S.E. 2d 337; Davis v. Finance Co., ante, 233, 87 S.E. 2d 209.

In his initial instructions to the jury on the issue relating to damages,…