Spry v. . Kiser
Supreme Court of North Carolina
Civil actioN, tried before McElroy, J., and a jury, at November Term, 1919, of Forsyth. Plaintiff alleged that his intestate’s death was caused by the negligence of the defendants in selling him rancid and unwholesome oil to be administered to the intestate during his last illness.
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Civil actioN, tried before McElroy, J., and a jury, at November Term, 1919, of Forsyth. Plaintiff alleged that his intestate’s death was caused by the negligence of the defendants in selling him rancid and unwholesome oil to be administered to the intestate during his last illness. J. W. Newsom testified substantially; He is the maternal grandfather of the child, had taken it into his household when it was but a few months old to be nursed and reared, its mother, who was plaintiff’s daughter, having died at its birth. The child became ill, and its physician prescribed the use of sweet oil in…
1Opinion of the Court
Walker, J.,
after stating the facts as above: When there is a non-suit upon the evidence, the appellant, as we have so often said, is entitled to have it considered as true and construed most favorably for him, and, he must also have the benefit of every inference that may reasonably be drawn therefrom. Brittain v. Westhall, 135 N. C., 492; In re Will of Margaret Deyton, 177 N. C., 503; Angel v. Spruce Co., 178 N. C., 621. We do not pass upon the sufficiency of the evidence, but, as said in the Margaret Deyton case, supra: “In the ease of a nonsuit or dismissal under the statute, the court…
2Cases cited4 opinions
- Brittain v. WesthallSupreme Court of North Carolina · 1904
- Peters v. Johnson, Jackson & Co.West Virginia Supreme Court · 1902
- Willson v. . Faxon, Williams FaxonNew York Court of Appeals · 1913
- Angel v. Carolina Spruce Co.Supreme Court of North Carolina · 1919
3Cited by5 opinions
- Batiste v. American Home Products Corp.Court of Appeals of North Carolina · 1977
- Dalrymple v. SinkoeSupreme Court of North Carolina · 1949
- Ferguson v. WilliamsCourt of Appeals of North Carolina · 1991
- Ferguson v. WilliamsCourt of Appeals of North Carolina · 1988
- Cook v. Camp Manufacturing Co.Supreme Court of North Carolina · 1921