Walker v. American Bakeries Co.

The defendant deems the question of the sufficiency of the plaintiffs evidence to carry the ease to the jury foreclosed against it by prior decisions. Grimm v. Watson, 233 N.C. 65, 62 S.E. 2d 538; Pridgen v. Produce Co., 199 N.C. 560, 155 S.E. 247; Stevens v. Rostan, 196 N.C. 314, 145 S.E. 555. For this reason, it does not assign as error the refusal ■of the trial judge to dismiss the action upon a compulsory nonsuit.

Its counsel earnestly contend, however, that the judge committed error in giving the jury this instruction: “The court charges you if there was a solid line and if the plaintiff…