Bruce v. O'Neal Flying Service, Inc.

The defendant’s exceptive assignments of error relate to: (1) the refusal to nonsuit; (2) the admission of evidence; and (3) the ■charge of the court.

1. The refusal to nonsuit. — This case was here at the Fall Term, 1949, ■on appeal by the plaintiff from judgment of nonsuit at the close of the evidence. The decision, reversing the lower court for failure to submit the case to the jury, is reported in 231 N.C. 181, 56 S.E. 2d 560, where the background facts are stated in pertinent detail.

“It is settled law that a decision of this Court on a former appeal constitutes the law of the case, both…