Brewer v. Green

The plaintiff assigns as error the ruling of the court below sustaining the defendants’ motion for judgment as of nonsuit at the close of the plaintiff’s evidence.

We must consider the evidence in the light most favorable to the plaintiff in passing on a motion for judgment as of nonsuit. Brinson v. Mabry, 251 N.C. 435, 111 S.E. 2d 540. But when such evidence is so considered, and in the opinion of the Court it is insufficient to support the plaintiff’s allegations of actionable negligence, a judgment as of nonsuit should be upheld.

According to the evidence, the four minor children were…