Nance Ex Rel. Nance v. Hitch

Did the court below err in granting defendant’s motion for a judgment as of nonsuit at the conclusion of all the evidence ? This is the question presented on this appeal.

In considering such motion, “the defendant’s evidence, unless favorable to the plaintiff, is not to be taken into consideration, except when not in conflict with plaintiff’s evidence, it may be used to explain or make clear that which has been offered by plaintiff,” Stacy, C. J., in Harrison v. R. R., 194 N.C. 656, 140 S.E. 598, citing S. v. Fulcher, 184 N.C. 663, 113 S.E. 769. See Rice v. Lumberton, 235 N.C. 227, 69 S.E. 2d…