Tarrant Ex Rel. Tarrant v. Pepsi-Cola Bottling Co.

The challenge of each defendant to the judgment below is directed (1) to the ruling of court in refusing to grant motion made at close of all the evidence for judgment as in case of nonsuit, C. S., 567, and (2) to portions of the charge.

In considering the first, “defendant’s evidence unless favorable to the plaintiff, is not to be taken into consideration, except when not in conflict with the plaintiff’s evidence, it may be used to explain or make clear that which has been offered by the plaintiff.” Harrison v. R. R., 194 N. C., 656, 140 S. E., 598, and cases recently assembled in Jeffries v.…