Tharpe v. Brewer

HedeicK, J.'

Appeal as to Plaintiff Tharpe

The plaintiff’s main exception and assignment of error, upon which her appeal turns, is to the judgment of nonsuit entered at the close of the plaintiff’s evidence upon the motion of the defendant Swaim.

In considering a motion for judgment as of nonsuit, all of the evidence must be taken in the light most favorable to the plaintiff. Lienthall v. Glass, 2 N.C. App. 65, 162 S.E. 2d 596 (1968); Champion v. Waller, 268 N.C. 426, 150 S.E. 2d 783 (1966).

The plaintiff, in her complaint, alleged that her injuries were proximately caused by the negligence of…