Legal Opinion

James v. Carolina Coach Co.

Supreme Court of North Carolina

Decided February 27, 1935PublishedCited by 21 opinions

1Opinion of the CourtClabkson, J.

At tbe close of plaintiff’s evidence and at tbe close of all tbe evidence tbe defendant made motions in tbe court below for judgment as in case of nonsuit. C. S., 567. Tbe court below overruled these motions, and in this we can see no error.

It is tbe settled rule of practice and tbe accepted position in this jurisdiction that on a motion to nonsuit tbe evidence which makes for tbe plaintiff’s claim, and which tends to support bis cause of action, whether offered by tbe plaintiff or elicited from tbe defendant’s witnesses, will be taken and considered in its most favorable light for tbe…

2Cases cited10 opinions

  1. Ledbetter v. . EnglishSupreme Court of North Carolina · 1914
  2. Taylor v. . StewartSupreme Court of North Carolina · 1916
  3. Shirley v. . AyersSupreme Court of North Carolina · 1931
  4. Moseley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
  5. Norfleet v. HallSupreme Court of North Carolina · 1933

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Aldridge Ex Rel. Aldridge v. HastySupreme Court of North Carolina · 1954
  2. Conley Ex Rel. Conley v. Pearce-Young-Angel Co.Supreme Court of North Carolina · 1944
  3. Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1947
  4. Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
  5. Diamond v. McDonald Service StoresSupreme Court of North Carolina · 1937

16 more not listed; retrieve them via the Exa API.

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