Busbee v. Western North Carolina Land & Lumber Co.

We tbink tbe Court erred in not submitting tbe case to tbe jury upon tbe evidence introduced. It is difficult to enter upon any discussion as to whether there is evidence wbicb tends to establish tbe plaintiff’s case and to state what it is,, by reason of tbe fact that such a discussion is very apt to prejudice tbe party against whom tbe ruling is made. We have laid down tbe rule in differing forms of expression, by wbicb tbe court should be guided in passing upon tbe question as to bow tbe evidence should be viewed when determining wbetber tbe case should go to the jury. “It is well settled…