Jackson v. NEILL McKAY GIN COMPANY

The only question presented for decision is whether or not the Superior Court committed error in granting defendant’s motion for judgment of nonsuit at the close of plaintiff’s evidence.

Taking the evidence offered by the plaintiff, as shown in the record of case on appeal, in the light most favorable to the plaintiff, giving to him the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom, as is done in such cases, a negative answer is deemed proper. Mills v. Moore, 219 N.C. 25, 12 S.E. 2d 661; Heuay v. Construction Co. 254 N.C. 252, 118…