Combs v. . Cooper

Stacy, C. J.,

after stating the case: In directing a verdict for the defendant, the learned trial judge evidently overlooked the testimony of the plaintiff. Where the evidence is equivocal or conflicting, as in the present case, and fairly susceptible to more than one inference, the matter should be left to the jury, under a proper charge, without peremptory instructions from the court. Moore v. Ins. Co., 193 N. C., 538; Brooks v. Milling Co., 182 N. C., 258. Such was the holding in Dv'erett v. Receivers, 121 N. C., 519 (as stated in the first head-note) : “Where, in the trial of an action,…