Smith v. . Insurance Company

The defendant, at the close of the plaintiff’s evidence and at the close of all the evidence, made motions for judgment as in case of nonsuit. C. S., 567. The court below granted defendant’s motion at the close of all the evidence-, and in this we think there was error.

Tbe questions involved: (1) "Was tbe plaintiff at tbe time of tbe alleged injury or disability, an employee of tbe News and Observer Publishing Company, under wbat is known as tbe substitute rule, and did tbe defendant issue tbe group insurance and through its agent or agents collect tbe insurance premiums from plaintiff with…