High v. ATLANTIC COAST LINE RAILROAD COMPANY

The sole question of law presented by this appeal is whether the evidence, taken in its entirety, was sufficient to survive the defendant’s motion for nonsuit entered at the close of all the evidence. Ward v. Smith, 223 N.C. 141, 25 S.E. 2d 463; White v. Lacey, 245 N.C. 364, 96 S.E. 2d 1; Murray v. Wyatt, 245 N.C. 123, 95 S.E. 2d 541.

Whether the evidence is sufficient to require its submission to the jury is a question of law. The court does not pass upon the credibility of the witnesses or the weight of their testimony. “It takes it for granted that the evidence favorable to the plaintiff is…