Heilig v. Home Security Life Insurance

The first assignment of error is to the refusal of his Honor to sustain defendant’s motion for judgment as of nonsuit. “On motion to nonsuit, the plaintiff is entitled to the benefit of every fact and inference of fact pertaining to the issues involved which may reasonably be deduced from the evidence.” Gorham v. Ins. Co., 214 N. C., 526, 200 S. E., 5.

The evidence offered by the plaintiff was properly submitted to the jury. The evidence of the plaintiff and defendant was conflicting, but the jury adopted the plaintiff’s version as to the facts and circumstances under wbicb tbe policy of…