McFalls v. Smith

The only question presented by the appeal is the sufficiency of the evidence to go to the jury. The question is one of law, always to be decided by the court. Ward v. Smith, 223 N.C. 141, 25

5.E. 2d 463. If the evidence in the light most favorable -to the plaintiff, giving him the benefit of all permissible inferences from it, tends to support all essential elements of actionable negligence, then it is sufficient to survive the motion to nonsuit, or demurrer to the evidence. Chambers v. Edney, 247 N.C. 165, 100 S.E. 2d 343; High v. R.R., 248 N.C. 414, 103 S.E. 2d 498; Simmons v. Rogers, 247…