Worley v. CHAMPION MOTOR COMPANY

The defendant’s assignments of error present two questions: (1) Was the plaintiffs’ evidence of duress, taken in the light most favorable to them, sufficient to go to the jury? (2) Did that portion of the court’s charge specifically objected to constitute reversible error?

1. Whether evidence is sufficient to go to the jury is a question of law to be resolved by the court. In passing on that question the evidence favorable to the defendant is disregarded. All conflicts are resolved in favor of the plaintiffs. Viewed in this light, the plaintiffs’ evidence was sufficient to survive the motion…