Womble v. Morton

In the record on appeal the defendant appellant has fifty exceptions and forty assignments of error he brings forward and states in his brief that there are only two questions involved which he states in the following manner:

“(1) Did the trial Court err in failing to allow defendant’s motion for nonsuit either because:(a) There was no evidence that defendant was negligent?; or(b) Plaintiff’s intestate was contributorily negligent as a matter of law?(2) If not, is defendant entitled to a new trial for error in the charge?”

FailuRE to Nonsuit

The evidence disclosed that on 25 October 1965…