Philyaw v. City of Kinston

The pivotal question here is whether judgment as of nonsuit was proper upon the evidence offered, taken in the light most favorable to plaintiff. Well settled principles, appropriate to the factual situation, require an affirmative answer. See Mintz v. Murphy, 235 N.C. 304, 69 S.E. 2d 849; Pugh v. Power Co., 237 N.C. 693, 75 S.E. 2d 766; Davis v. Light Co., 238 N.C. 106, 76 S.E. 2d 378; Alford v. Washington, 238 N.C. 694, 78 S.E. 2d 915, and cases cited, and many others.

“In action for death by wrongful act based on negligence, the burden rests on the plaintiff to produce evidence sufficient…