Campbell v. High Point, Thomasville & Denton Railroad

At the close of plaintiff’s evidence and at the close of all the evidence, the defendant made motions in the municipal court of the city of High Point for judgment as in case of nonsuit. C. S., 567. The court refused these motions, and in this we can see no error. On appeal to the Superior Court the numerous exceptions and assignments of error taken to the trial in the municipal court on questions of law were overruled, which we think correct.

It is the settled rule and the accepted position in this jurisdiction that, on a motion to nonsuit, the evidence which makes for the plaintiff’s claim,…