Clifton v. Turner

Defendant’s Assignments of Error Nos. 1 and 2 are based on his exceptions to the overruling of his motions for judgment of nonsuit. The only motion to be considered is that made by defendant at the conclusion of all the evidence. G.S. 1-183; Spaugh v. Winston-Salem, 249 N.C. 194, 105 S.E. 2d 610.

The evidence was in sharp conflict as to whether the plaintiff’s station wagon struck defendant’s Ford immediately after defendant entered upon Highway #50 or after defendant had proceeded north thereon for a distance of four hundred feet or more. It would seem the jury resolved this critical phase of…