Legal Opinion

Newbern v. . Leary

Supreme Court of North Carolina

Decided March 1, 1939PublishedCited by 23 opinions

1Opinion of the CourtClaeksoN, J.

At the close of plaintiff’s evidence and at the conclusion of all the evidence, the defendants in the court below made motions for judgment as in case, of nonsuit. C. S., 567. The court below refused the motions and in this we can see no error.

The evidence which makes for plaintiff’s claim, or tends to support her cause of action, is to be taken in its most favorable light for plaintiff, and she is entitled to the benefit of every reasonable intendment upon the evidence, and every reasonable inference to be drawn therefrom. We see no error in the court’s refusal to give defendants’ prayer for…

2Cases cited22 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Powers v. S. Sternberg & Co.Supreme Court of North Carolina · 1938
  3. Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
  4. Pickett v. . R. R.Supreme Court of North Carolina · 1895
  5. Clark v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891

17 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Graham v. North Carolina Butane Gas Co.Supreme Court of North Carolina · 1950
  2. Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1947
  3. Wade Ex Rel. Wade v. Jones Sausage Co.Supreme Court of North Carolina · 1954
  4. Matheny v. Central Motor Lines, Inc.Supreme Court of North Carolina · 1951
  5. Cooley v. BakerSupreme Court of North Carolina · 1950

18 more not listed; retrieve them via the Exa API.

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