Hawkins v. Town of Dallas

Appellant fails to show error in either of the two matters assigned as error on this appeal.

First, as to denial of motion for judgment as of nonsuit: Defendant, by offering evidence and failing to renew its motion for judgment as in case of nonsuit at the close of all the evidence, as provided in G.S. 1-183, waived its exception to the denial of such motion entered by it when plaintiff first rested his case. Lee v. Penland, 200 N. C. 340, 157 S. E. 31; Rental Co. v. Justice, 211 N. C. 54, 188 S. E. 609, and numerous other cases.

Second, as to a portion of the charge of the court to the jury:…