Murchison Ex Rel. Murchison v. Powell

There was. no error in the overruling of the defendant’s motion for judgment of nonsuit. Upon such a motion, the evidence offered by the plaintiff must be taken to be true and that offered by the defendant in conflict therewith must be disregarded. Lewis v. Barnhill, 267 N.C. 457, 461, 148 S.E. 2d 536; Dixon v. Edwards, 265 N.C. 470, 144 S.E. 2d 408. So considered, the evidence is sufficient to support a finding that the defendant saw the boys riding their horses on a narrow and confined shoulder of the road, and, at a speed in excess of that permitted by the statute, undertook to pass so…