Lee v. Carolina Upholstery Co.

Tbe appeal presents tbe question of tbe sufficiency of tbe evidence to warrant submission of tbe case to tbe jury. Tbe defendant assigns error in tbe denial by tbe trial court of its motion for judgment of nonsuit. Exception on tbis ground was noted in apt time.

At tbe outset it may be observed that plaintiff was a truck driver in tbe employ of R. D. Fowler Motor Lines, Inc., and that an award of compensation for tbe injury here complained of was made him under tbe Workmen’s Compensation Act, and that tbis action was instituted pursuant to tbe subrogation provisions of tbe Act. G. S., 97-10.

Tbe…