Hincher v. HOSPITAL CARE ASSOCIATION

The defendant’s chief assignments of error challenge the rulings of the trial court in denying its motion for judgment as of nonsuit and in refusing to give the jury the peremptory instruction as requested by the defendant.

“Defendant’s evidence which is not at variance with plaintiff’s evidence but which tends to explain and clarify it, may be considered on motion to nonsuit.” Robbins v. Crawford, 246 N.C. 622, 99 S.E. 2d 852. See also Nance v. Hitch, 238 N.C. 1, 76 S.E. 2d 461, and cases there cited.

It is also established by our decisions that, “When the plaintiff offers evidence sufficient…