James v. Atlantic & East Carolina Railroad

Tbis case was here on appeal at the Spring Term, 1951, and is reported in 233 N.C. 591, 65 S.E. 2d 214. In that opinion, the facts are fully stated and for that reason will not be repeated here, except such as bear directly upon the point raised by this appeal. The only question now for decision is the propriety of the judgment of nonsuit. That question was not raised upon the former appeal.

It is uniformly held by this Court that upon a motion for nonsuit the plaintiff’s evidence and so much of that of the defendant as tends to support the plaintiff’s case must be accepted as true and…