Clarke v. Holman

The sole question presented for decision is whether or not the Court of Appeals erred in allowing Townsend’s motion for nonsuit.

On motion to nonsuit, all the evidence which tends to support plaintiff’s claim must be taken as true and considered in its light most favorable to plaintiff, giving him the benefit of every reasonable inference which may legitimately be drawn therefrom. Homes, Inc. v. Bryson, 273 N.C. 84, 159 S.E. 2d 329; Insurance Co. v. Storage Co., 267 N.C. 679, 149 S.E. 2d 27. Contradictions and discrepancies are resolved in plaintiff’s favor. Walt v. Crews, 261 N.C. 143, 134…