Benton Ex Rel. Benton v. Montague

The sole question for decision here is whether the court erred in sustaining defendants’ motions for nonsuit.

On a motion for involuntary nonsuit the evidence must be considered in the light most favorable to plaintiff, and plaintiff is entitled to the benefit of every reasonable inference of fact to be drawn therefrom consistent with the allegations of the complaint. Manufacturing Co. v. Gable, 246 N.C. 1, 14, 97 S.E. 2d 672. “Discrepancies and contradictions, even in the plaintiff’s evidence, are for the jury and not for the court, and do not justify nonsuit.” Keaton v. Blue Bird Taxi Co.,…