Deppe v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Guión, J., at November Term, 1909, of CRAVEN. At the close of plaintiff’s evidence the defendant moved for judgment as upon a nonsuit. His Honor sustained tbe motion, to which, ruling plaintiff excepted and appealed to this Court. The facts, as established by the evidence, are stated in the opinion of the Court.
1Opinion of the CourtManning, J.
This case being presented to us -upon motion. for judgment, under the statute, made by the defendant at the conclusion of plaintiff’s evidence, the rule established by this Court for the consideration of the evidence is thus stated: “The evidence must be construed in the view most favorable to the plaintiff, and every fact which it tends to prove and which is an essential ingredient of the cause of action must be established, as the jury, if the case had been submitted to them, might have found those facts from the testimony.” Cotton v. R. R., 149 N. C., 227; Brittain v. Westhall, 135 N. C.,…
2Cases cited9 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Ellis v. Portsmouth & Roanoke Rail RoadSupreme Court of North Carolina · 1841
- Knott v. RailroadSupreme Court of North Carolina · 1906
- Brittain v. WesthallSupreme Court of North Carolina · 1904
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3Cited by40 opinions
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
- Aman v. Rowland Lumber Co.Supreme Court of North Carolina · 1912
- Simmons v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1917
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