McGraw v. Southern Railway Co.

At the close of plaintiff’s evidence and at the close of all the evidence, the defendants in the court below made motions for judgment as in case of nonsuit. N. C. Code, 1935 (Michie), sec. 567. The court below overruled these motions, and in this we can see no error.

This case was here on ajopeal from judgment of nonsuit (see 206 N. 0., 873). Brogden, J., wrote a thorough opinion, setting out the facts and law. The nonsuit was overruled and also the opinion evidence which was not allowed in the court below was held to be competent. The Court said, at p. 882: “In other words, was Pendry on the…