Gallop v. . Clark

The defendants having abandoned, in their brief and in the argument upon their appeal to this Court, all exceptions except those based upon the refusal of the court to sustain the' motions for nonsuit, made at the close of the plaintiff’s evidence and renewed at the close of all the evidence (Rule 28, 185 N. C., 198), the only question presented to this Court is whether or not there was sufficient evidence to sustain an affirmative answer to the second issue, which was as follows: “If so, was defendant Lewark at the time acting within the scope of his employment by his codefendants ?” The…