Gentry v. Southern Public Utilities Co.

On the argument, defendants insisted upon their exceptions to the refusal of the court to grant their motion for judgment as of nonsuit, made first at the close of the plaintiff’s evidence, and renewed at the close of all the evidence. The first exception has been waived by the defendants. Smith v. Pritchard, 173 N. C., 720. They had the right to rely on the weakness of the plaintiff’s evidence when he rested his case; but, having elected to offer testimony in their own behalf, they did so cum onere, and only their exception noted at the close of all the evidence may now be urged or…