Graham v. North Carolina Butane Gas Co.

On the trial of an action, the competency, admissibility, and sufficiency of the evidence are for the court while the credibility of the witnesses, and the probative force and weight of the testimony are for the jury. Coach Co. v. Lee, 218 N.C. 320, 11 S.E. 2d 341.

A motion for a compulsory nonsuit under the statute now codified as G.S. 1-183 challenges the legal sufficiency of the evidence to take the case to the jury and support a verdict for the plaintiff. Ballard v. Ballard, 230 N.C. 629, 55 S.E. 2d 316; Lea v. Bridgeman, 228 N.C. 565, 46 S.E. 2d 555; Ward v. Smith, 223 N.C. 141, 25 S.E.…