Wall v. City of Asheville

We think there was error in granting the nonsuit in the court below. On a motion to nonsuit, the evidence tending to support plaintiff’s cause of action will be considered in the light most favorable to plaintiff, and he is entitled to every reasonable intendment thereon and every reasonable inference therefrom.

The first question involved: Was there sufficient evidence of negligence on the part of defendant proximately causing the death of plaintiff’s intestate and should an issue have been submitted to the jury with respect thereto? We think so.

The burden on the question of negligence is on…