Spaugh v. City of Winston-Salem

Defendant’s only assignments of error are based on its exceptions to the overruling of its motions for judgment of nonsuit. The only motion to be considered is that made by defendant at the close of all the evidence. G.S. 1-183; Murray v. Wyatt, 245 N.C. 123, 128, 95 S.E. 2d 541.

While the record is silent as to the ground (s) on which defendant based its motion for judgment of nonsuit when it was considered and overruled by Judge Gwyn, defendant asserts here a fatal variance between plaintiffs’ allegata and probata as the ground on which its motion should have been allowed, citing Andrews v.…