Pendergraft v. Royster

Tbe questions involved in this appeal: (1) Did the trial court commit error in refusing to sustain defendant’s motion as of nonsuit at the close of plaintiff’s evidence and at the close of all of the evidence? C. S., 567. (2) Did the trial court commit error in its charge to the jury, as is set forth in the assignments of error, upon the doctrine of res ipsa loquitur? We think both questions must be answered in the negative.

In the ease of Nash v. Royster, 189 N. C., at p. 415, the court below charged the jury: “The court charges you that upon the employment of a physician or surgeon for…