Frazier v. Suburban Rulane Gas Company

The following appears in the defendant’s brief: “The appellant only appeals on the correctness of the court’s ruling in submission of this case to the jury and is not seeking a new trial.” Eliminated, therefore, are all assignments of error except No. 5: That the court erred in overruling the defendant’s motion for nonsuit. Since the only question presented is the nonsuit, evidence both properly and improperly admitted must be considered. Early v. Eley, 243 N.C. 695, 91 S.E. 2d 919; Ballard v. Ballard, 230 N.C. 629, 55 S.E. 2d 316.

The evidence of the plaintiff tended to show that in 1952 Bob…