Brinkley v. Nationwide Mutual Insurance Company

It is hornbook law that on a motion to nonsuit plaintiff’s evidence is to be taken as true, and all the evidence must be considered in the light most favorable to plaintiff, giving him the benefit of every fact and inference of fact pertaining to the issues which may be reasonably deduced from the evidence. Defendant’s evidence which tends to impeach or contradict plaintiff’s evidence is not to be considered, but defendant’s evidence may be considered to the extent that it is not in conflict with plaintiff’s evidence and tends to make clear or explain plaintiff’s evidence. 4 Strong’s N. C.…