Grant v. Tallassee Power Co.

Defendant has waived its exception to the refusal of the court to allow its motion for judgment as of nonsuit, made at the close of plaintiff’s evidence. Defendant excepted to the refusal of its motion, and then offered evidence in support of its defense to plaintiff’s recovery. By the express terms of the statute, this exception was thereby waived. C. S., 567. It has been frequently so held by this Court. Gilland v. Stone Co., 189 N. C., 783, 128 S. E., 158; Nash v. Royster, 189 N. C., 408, 127 S. E., 356; Wooley v. Bruton, 184 N. C., 438, 114 S. E., 628; Smith v. Pritchard, 173 N. C., 722,…