Armstrong v. Acme Spinning Co.

In my opinion it cannot be said as a matter of law that there was no sufficient competent evidence, tending to show that the plaintiff in this action was injured by the negligence of the defendant as alleged in the complaint. On a motion as of nonsuit, the evidence is to be considered in the light most favorable to the plaintiff. C. S., 567; Lynch v. Tel. Co., 204 N. C., 252; Thigpen v. Ins. Co., 204 N. C., 551. Viewing the evidence in that light, I think it was a matter for the jury.

There is conflicting testimony as to whether or not Herman Bush, one of the defendant’s witnesses, who was at…