Cook v. Camp Manufacturing Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at March Term, 1921, of DupliN. This was an action for personal injuries received by plaintiff at the sawmill operated by the Gamp Manufacturing Company, but owned by its codefendant, through the alleged negligence of the defendants. On motion of the defendants a judgment of nonsuit was entered and the plaintiff appealed.
1DissentWalker, J.
The foregoing substantial statement of all the material testimony will suffice to present the plaintiff’s case in its entirety, and at its best. I am thoroughly aware of the oft-repeated rule that, on a motion to nonsuit, evidence should be construed in the most favorable light for the plaintiff (Brittain v. Westhall, 135 N. C., 492; In re Will of Margaret Deyton, 177 N. C., 503; Angel v. Spruce Co., 178 N. C., 621; Spry v. Kiser, 179 N. C., 417), and I will so deal with it. After doing so, I can find no evidence in the case upon which the plaintiff can ask for a verdict, as, in my judgment,…
2Cases cited17 opinions
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Brittain v. WesthallSupreme Court of North Carolina · 1904
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