Emery v. Lititz Mutual Insurance

Tbe appellant seeks to pose tbe question whether nonsuit is proper on plea of avoidance when plaintiff’s own evidence shows no liability to him under tbe policy in suit. Alspaugh v. Ins. Co., 121 N. C., 290, 28 S. E., 415.

A careful perusal of tbe record leaves us with tbe impression that it falls short of presenting tbe question. At most, tbe plaintiff’s testimony is equivocal on the issue of avoidance, or increased hazard within the meaning of tbe policy. Tbis carries tbe case to the jury. Shell v. Rose-man, 155 N. C., 90, 71 S. E., 86. Discrepancies and contradictions, even in plaintiff's…