Oberly & Newell Lithograph Corp. v. Clark

199 S.E. 398, 214 N.C. 400, 1938 N.C. LEXIS 361

Opinion

Stacy, C. J.

The evidence is not all one way. It is conflicting on the issue of defendant’s liability. It was error, therefore, for the court to instruct the jury peremptorily in favor of the plaintiff. Brooks v. Ins. Co., 211 N. C., 274, 189 S. E., 787. The rule is, that where the evidence is conflicting, or if diverse inferences may reasonably be drawn therefrom, some favorable to the plaintiffs and others favorable to the defendant, the cause should be submitted to the jury for final determination. In re West, 212 N. C., 189, 193 S. E., 134; Hobbs v. Mann, 199 N. C., 532, 155 S. E., 163.

For the error, as indicated, a new trial must be awarded. It is so ordered.

New trial.