Gasque v. City of Asheville

At tbe close of plaintiff’s evidence and at tbe close of all tbe evidence tbe defendant made motions for judgment as in case of nonsuit in tbe court below. C. S., 567. Tbe court below overruled these motions, and in this we can see no error.

On motion to dismiss, or judgment of nonsuit, tbe evidence is to be taken in tbe light most favorable to tbe plaintiff, and be is entitled to tbe benefit of every reasonable intendment upon tbe evidence and every reasonable inference to be drawn therefrom. An exception to a motion to dismiss in a civil action taken after tbe close of tbe plaintiff’s…