Batson v. City Laundry Co.

We think the only material question for us to decide: Does the judge, by reservation of his right to rule, until after verdict, upon defendant’s motions to dismiss the action or for- judgment as in ease of nonsuit (C. S., 567), then have the power to set aside the verdict as a matter of law for'Insufficiency of the evidence, and allow judgment for nonsuit and dismissal ? We think not.

Under the former practice, upon demurrer to the evidence no further evidence could be introduced on either side, N. O. Prac. & Proc. (McIntosh), at p. 615.

In Stith v. Lookabill, 71 N. C., at p. 29, Pearson, C.…