Smith v. Raleigh Granite Co.

The defendant, Ealeigh Granite Company, in the court below, at the close of plaintiff’s evidence, and at the conclusion of all the evidence, made motions for judgment as in case of nonsuit. C. S., 567. These motions were overruled and in this we can see no error.

We think the evidence, taken in a light most favorable to plaintiff, sufficient in this case to have been submitted to the jury. We only consider the evidence of plaintiff. It was a question for the jury and not for us; nor do we find any error in the trial of the action in the court below.

All the evidence was to the effect that the…