Charlotte Consolidated Construction Co. v. City of Charlotte

At the close of all the evidence at the trial of this action, the defendant moved for judgment as of nonsuit, and excepted to the refusal of the court to allow its motion. On its appeal to this Court, in support of its assignment of error based on this exception, the defendant contends:

1. That there was no evidence from which the court could find that the defendant had taken from the plaintiff and appropriated to its own use the water mains owned by the plaintiff, as alleged in the complaint;

2. That all the evidence showed that plaintiff’s right of action, if any, to recover for the water…