Somersette v. . Stanaland

If the evidence in a case is conflicting the trial judge cannot direct a verdict in favor of the party upon whom rests the burden of proof; but if the facts are admitted or established and only one inference can be drawn from them the judge may “draw the inference and so direct the jury.” Reinhardt v. Ins. Co., 201 N. C., 785. In the .present case the instruction complained of was not in conflict with this rule.

Brown’s survey was made 14 October, 1927; his plat shows nine lots laid off and described by metes and bounds; and the road in question is represented as extending across a part of…