May Ex Rel. May v. Mitchell

In determining whether a judgment directing verdict for the defendant may be sustained on the grounds of insufficient evidence to show actionable negligence on the part of defendant or because the evidence establishes the plaintiff’s contributory negligence as a matter of law, we are guided by the same principles that prevailed under our former procedure with respect to judgments of nonsuit. See Musgrave v. Savings & Loan Association, 8 N.C. App. 385, 174 S.E. 2d 820. All of the evidence which tends to support plaintiff’s claim must be taken as true and considered in the light most favorable…