Michaels v. Carson

Carson assigns as error the refusal of the trial judge to allow his motion for judgment of involuntary nonsuit entered at the conclusion of the plaintiff’s evidence and renewed at the conclusion of all the evidence. In his brief, it is frankly admitted that ordinarily an appellate court will not review the trial judge’s denial of such a motion when the verdict has been set aside as against the greater weight of the evidence. In Goldston v. Wright, 257 N.C. 279, 125 S.E. 2d 462, the Supreme Court stated:

“Defendant assigns as error the denial by the trial court of his motion for a judgment of…