Puryear v. Cooper

Upon a motion to nonsuit, “(t)he evidence must be considered in the light most' favorable to the plaintiffs, giving them the *518benefit of the most liberal interpretation of which it is reasonably susceptible.” Wilder v. Harris, 266 N.C. 82, 145 S.E. 2d 393. The plaintiff is to have the benefit of every fact and inference of fact which is reasonably deducible from the evidence. Gibbs v. Light Co., 268 N.C. 186, 150 S.E. 2d 207. Whether there is legal evidence sufficient for jury consideration is a question of law. Wilder v. Harris, supra.

Between the hours of midnight and 2:00 a.m. on 26 July…