Barnes v. Phoenix Utility Co.

The real and material assignment of error by defendant “For that the court denied the defendants’ motion for judgment as of nonsuit at the close of plaintiffs’' evidence.” The defendant introduced no evidence.

“On a motion to nonsuit, the evidence is to be taken in the light most favorable to plaintiff, and he is entitled to the benefit of every reasonable intendment upon the evidence, and every reasonable inference to be drawn therefrom. Christman v. Hilliard, 167 N. C., 6; Oil Co. v. Hunt, 187 N. C., 157; Hanes v. Utilities Co., 188 N. C., 465; Hancock v. Southgate, 186 N. C., 282.” Lindsey…