Brunswick County v. North Carolina Bank & Trust Co.

The defendants made motions in the court below for judgment as of nonsuit at the close of plaintiffs’ evidence and at the close of all the evidence. C. S., 567. The motions were overruled and in this we can see no error.

The settled rule in this jurisdiction is that upon a motion as of non-suit, the evidence, whether offered by the plaintiff or elicited from defendants’ witnesses, is to be considered in the light most favorable to the plaintiff, and he is entitled to every reasonable intendment thereon and every reasonable inference to be drawn therefrom. We think the evidence sufficient to…