Cromwell v. . Logan and Logan v. . Mercantile Co.

It is tbe well settled rule of practice and tbe accepted position in tbis jurisdiction tbat, on a motion to nonsuit, tbe evidence wbicb makes for tbe plaintiff’s claim, and wbicb tends to support ber cause of action, wbetber offered by tbe plaintiff or elicited from tbe defendant’s witnesses, will be taken and considered in its most favorable light for tbe plaintiff, and sbe is “entitled to tbe benefit of every reasonable intendment upon tbe evidence and every reasonable inference to be drawn therefrom.” Nash v. Royster, 189 N. C., at p. 410.

Tbe jury only passed on tbe issue of actionable…