Rodgers v. Thompson

Defendants assign as error the denial of their motion for judgment of involuntary nonsuit made at the close of all the evidence.

Defendants’ first contention is that the plaintiff has failed to make out a case of negligence against them. Plaintiff’s evidence, including the stipulation of the parties, considered in the light most favorable to him and giving him the benefit of every legitimate inference to be drawn therefrom, (Hutchens v. Southard, 254 N.C. 428, 119 S.E. 2d 205), tends to show that the collision between the truck driven by plaintiff and the defendants’ truck, and the immediately…