Brown v. Weaver

Plaintiff’s only assignment of error is bottomed on whether the granting of defendant’s motion for nonsuit and the subsequent dismissal of plaintiff’s suit was error. In Bowen v. Gardner, 275 N.C. 363, 168 S.E. 2d 47 (1969), the Court presents five rules to be followed when a motion for nonsuit is being considered. They are:

“1. All the evidence which tends to support plaintiff’s claim must be taken as true and considered in its light most favorable to plaintiff, giving her the benefit of every reasonable inference which legitimately may be drawn therefrom. (Citation omitted.)

2.…