Peeden v. Tait

Plaintiff first stresses for error the allowance of the defendant’s motion of nonsuit at the close of all the evidence. In such case the evidence is to be viewed in the light most favorable to the plaintiff, giving to her the benefit of every reasonable inference to be drawn therefrom, and assuming to be true all the facts in evidence tending to support her cause of action. Ervin v. Mills Co., 233 N.C. 415, 64 S.E. 2d 431; Clontz v. Krimminger, 253 N.C. 252, 116 S.E. 2d 804; Mattingly v. RR, 253 N.C. 746, 117 S.E. 2d 844.

In her complaint the plaintiff alleges in substance that the defendant…