Smith v. Capital Coca-Cola Bottling Co.

One member of the Court, Schenck, J., not sitting, and the remaining six being evenly divided in opinion whether error appears in respect of the motion to nonsuit and the prayer for a directed verdict, these rulings are permitted to stand, accordant with the usual practice in such cases, without becoming precedents, and hence no recital of the evidence is deemed appropriate. Cole v. R. R., 211 N. C., 591, 191 S. E., 353.

There was error, however, in permitting the plaintiff to offer his complaint in evidence which entitles the defendant to a new trial. Lupton v. Day, 211 N. C., 443, 190 S. E.,…