McCall v. Textile Industrial Institute

This action was first tried at December Term, 1923, of Superior Court of Transylvania County. From a judgment of nonsuit, at the close of all the evidence (C. S., 567), plaintiff appealed. This Court held that, upon the evidence offered at that trial, there was error in nonsuiting plaintiff. The opinion, in accordance with the decision of the Court, was written by the late Chief Justice Clark and was filed after his death, by order of the Court. 187 N. C., 757.

Upon the former appeal it was held that there was sufficient evidence to be submitted to the jury upon plaintiff’s allegation and…