Lake v. HARRIS EXPRESS, INCORPORATED

The question presented is whether the evidence was sufficient to entitle the plaintiff to have the jury pass on it. “If the evidence in the light most favorable to plaintiff, giving him the benefit of all permissible inferences from it, tends to support all essential elements of actionable negligence, then it is sufficient to survive the motion to nonsuit.” McFalls v. Smith, 249 N.C. 123, 105 S.E. 2d 297; Taylor v. Brake, 245 N.C. 553, 96 S.E. 2d 686; Scarborough v. Veneer Co., 244 N.C. 1, 92 S.E. 2d 435.

Inconsistencies and conflicts in the evidence, whether witnesses are mistaken or…