Wall v. City of Asheville

Pee Curiam.

The defendant says in its brief that the following questions were involved: “Did the court err in not granting defendant’s motion for nonsuit at the close of plaintiff’s evidence, and at the close of all the evidence, and refusing to admit certain evidence?” Neither of defendant’s contentions can be sustained.

This case was first tried at the regular September, 1940, Civil Term of the Superior Court of Buncombe County, at which time, and after the close of plaintiff’s evidence, the action was dismissed by judgment of nonsuit. From such judgment, plaintiff appealed to tbe Supreme…