Briley v. . Roberson

At the close of plaintiff’s evidence the defendants in the court below made a motion for judgment as in case of nonsuit. N. C. Code, 1935 (Michie), see. 567. The court below granted the motion of defendants and in this we think there was error.

The evidence which makes for plaintiff’s claim, or tends to support his cause of action, is to be taken in its most favorable light for the plaintiff, and he is entitled to the benefit of every reasonable intendment upon the evidence, and every reasonable inference to'be drawn therefrom.

The plaintiff in the court below, in the former action, was granted…