Russell v. Hamlett

This is the second appeal in these two cases consolidated for trial. On the first appeal each plaintiff appealed from a separate judgment of compulsory nonsuit. We reversed the judgments be low and remanded the consolidated cases for a jury trial. 259 N.C. 273, 130 S.E. 2d 395.

On the former appeal a summary of the evidence considered in the light most favorable to plaintiffs is set forth. The evidence in the instant case is substantially similar to the evidence introduced in the first trial, and it would be supererogatory to set it out here. On the first appeal we were solely concerned with a…