Brafford v. Cook

It would seem that the trial court was influenced by the ■defendant’s evidence in sustaining his demurrer and entering a compulsory nonsuit. However, as the defendant’s evidence is in direct conflict with the evidence of the plaintiff, its credibility is for the jury and it is not to be considered by the court on motion for involuntary nonsuit. Jackson v. Hodges, Comr., ante, 694; Graham v. Gas Co., 231 N.C. 680.

For present purposes, the plaintiff’s evidence is to be taken as true, and he is entitled to every reasonable intendment and legitimate inference fairly deducible therefrom. Howard v.…