State Highway & Public Works Commission v. Diamond Steamship Transportation Corp.

Tbe plaintiff, appellant, assigns error in tbe ruling of tbe trial court in allowing defendant’s motion for judgment of nonsuit at tbe close of tbe plaintiff’s evidence. Tbe motion was based on two grounds, (1) tbat tbe plaintiff’s evidence was insufficient to show negligence on tbe part of tbe defendant, and (2) tbat plaintiff’s action was barred by tbe statute of limitations, G. S., 1-52.

1. Determination of tbe propriety of tbe motion on tbe ground of failure of proof requires tbat tbe evidence offered be considered in tbe light most favorable for tbe plaintiff. On demurrer to tbe evidence…