Davis v. . Moore

The only question presented by this appeal is whether judgment of nonsuit was properly entered at the close of plaintiff’s evidence.

Plaintiff testified that he was arrested and placed in the Iredell County jail on the charge of assaulting his wife, and that he was inside a cell with the door partly open and talking to defendant Bailey, the jailer and deputy sheriff, when the injury complained of occurred. He described the circumstances as follows: “I had both hands extended, fingers up, resting easily against the bars of the jail, in a natural position. When Mr. Bailey finished with his…