Singletary v. Nixon

BaRNHill, O. J.

When a motion to dismiss an action as in case of involuntary nonsuit comes on to be heard at the conclusion of all the evidence, as here, the question should be decided upon a consideration of all the evidence. G.S. 1-183; Atkins v. Transportation Co., 224 N.C. 688, 32 S.E. 2d 209.

This rule, however, is subject to certain limitations: (a) the evidence is to be taken in the light most favorable to the plaintiff and he is entitled to the benefit of every reasonable inference to be drawn therefrom; (b) so much of the defendant’s evidence as is favorable to the plaintiff or tends…