Safeguard Insurance Co. v. Wilmington Cold Storage Co.

Plaintiff assigns as error the entry of the judgment of compulsory nonsuit of its action entered at the close of its evidence.

In considering whether the court erred in entering the judgment of compulsory nonsuit here, plaintiff’s evidence is to be taken as true, and its evidence must be considered in the light most favorable to plaintiff, giving it the benefit of every fact and inference of fact reasonably to be drawn therefrom consistent with the allegations of its complaint. Benton v. Montague, 253 N.C. 695, 117 S.E. 2d 771; 4 Strong’s N. C. Index, Trial, § 21.

Considering plaintiff’s…