Pierce v. American Fidelity Fire Insurance Co.

Tbe defendant challenges tbe sufficiency of tbe plaintiff’s evidence to withstand its motion for judgment as of nonsuit interposed at tbe close of plaintiff’s evidence and renewed at tbe close of all tbe evidence. In our opinion, however, when plaintiff’s evidence is considered in tbe light most favorable to him, as it must be on such motion, it is sufficient to carry tbe case to tbe jury. Chambers v. Allen, 233 N.C. 195, 63 S.E. 2d 212; Winfield v. Smith, 230 N.C. 392, 53 S.E. 2d 251; Grier v. Phillips, 230 N.C. 672, 55 S.E. 2d 485.

Tbe defendant excepts and assigns as error tbe refusal of…