Robbins v. Crawford

Defendant’s evidence which is not at variance with plaintiff’s evidence but which tends to explain and clarify it, may be considered on motion to nonsuit. Nance v. Hitch, 238 N.C. 1, 76 S.E. 2d 461.

When the whole of the evidence in the case at hand is read in the light of this rule, it is apparent that the plaintiff's evidence is not at material variance with the defendants’ version of how the wreck occurred. Both versions disclose that as the defendant’s tractor-trailer rounded the curve below the overpass, the Oldsmobile driven by the intestate came out from the east shoulder of the road,…