Pine State Yarn Mills, Inc. v. Troutman Foundry, Inc.

Plaintiff asserts that the court erred in allowing defendant’s motion for judgment as of nonsuit.

On motion for nonsuit the evidence must be taken in the light most favorable to the plaintiff. 7 Strong, N.C. Index 2d, Trial, § 21. When the evidence is so taken, the following facts appear: That the property owned by plaintiff was adjacent to that owned by defendant; that defendant’s building was located approximately north of plaintiff’s building; that defendant’s smokestack was fifty-three feet from the northeast corner of plaintiff’s building; that there was a fence between the smokestack and…