Stephens v. Blackwood Lumber Co.

Plaintiff’s only assignment of error, upon this appeal, is based upon bis exception to the order allowing defendant’s motion, at the close of plaintiff’s evidence, for judgment as in case of nonsuit. C. S., 567.

Evidence offered by plaintiff in support of tbe allegations of bis complaint, tends to show that Otto Stephens, son and intestate of plaintiff, was returning home from services at John’s Creek Church in Jackson County about 9 o’clock, on the night of 18 August, 1921, accompanied by several boys of about his age; that while walking along the road, with these boys, he took some powder…