Forbis v. Walsh

The only assignment of error challenges the court’s judgment of involuntary nonsuit entered at the close of the plaintiff’s evidence. If the evidence, in its light most favorable to her, is sufficient to permit the jury to find all pertinent facts involved in the cause of action she has alleged, the judgment of nonsuit is erroneous and should be set aside to the end that a jury may pass on the evidence and answer the issues raised by the pleadings. Keith v. Gas Co., 266 N.C. 119, 146 S.E. 2d 7; Saunders v. Warren, 264 N.C. 200, 141 S.E. 2d 308.

The plaintiff brought this action for breach of…