Smith v. Barnes

The plaintiff insists that if bis evidence is considered'in tbe light most favorable to him, as it should be on a motion for judgment as of nonsuit, such evidence is sufficient to warrant its submission to a jury. Chambers v. Allen, 233 N.C. 195, 63 S.E. 2d 212; Carson v. Doggett, 231 N.C. 629, 58 S.E. 2d 609; Thomas v. Motor Lines, 230 N.C. 122, 52 S.E. 2d 377; Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307.

"We cannot concur in this view in light of the pleadings and the evidence disclosed by the record.

There is no allegation in the complaint to indicate, or from which it may be inferred,…