Jernigan v. Jernigan

Tbe defendant makes these assertions by bis assignments of error:

1. The court erred in refusing to dismiss tbe action upon a compulsory nonsuit at tbe close of all tbe evidence.

2. Tbe court erred in permitting tbe plaintiff to testify that subsequent to tbe accident tbe defendant admitted be could have avoided tbe collision with tbe Capps ear in several ways.

Counsel for tbe defendant lays great stress on bis contention that tbe action ought to have been involuntarily nonsuited in tbe Superior Court. "We are compelled to bold, however, that tbis question is foreclosed against tbe defendant by…