Smith v. . Sink

The case was here before, 210 N. C., 815, on demurrer to the complaint, C. S., 511. It is here now on demurrer to the evidence, C. S., 567. The two are not the same in purpose or result. One challenges the sufficiency of the pleading; the other the sufficiency of the evidence.

In negligence cases, it is proper to sustain a demurrer to the evidence and to enter judgment of nonsuit:

1. When all tbe evidence, taken in its most favorable light for the plaintiff, fails to show any actionable negligence on the part of the defendant. Love v. Asheville, 210 N. C., 476, 187 S. E., 562; Cheek v.…