Todd v. Smathers

Supreme Court of North Carolina

Todd v. Smathers

76 S.E.2d 459, 238 N.C. 140, 1953 N.C. LEXIS 399

DecidedJune 12, 1953

StatusPublished

This text of 76 S.E.2d 459 (Todd v. Smathers) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Todd v. Smathers, 76 S.E.2d 459, 238 N.C. 140, 1953 N.C. LEXIS 399 (N.C. 1953).

Pincite

Opinion

Winborne, J.

Only one question is presented: Is there error in denial of motion of defendant for judgment as of nonsuit? Taking the evidence, in the light most favorable to plaintiff, and giving to him the benefit of every reasonable inference, as is done in considering motions for judgment as of nonsuit, it would seem that the case is one for the jury, under well established principles of law. Since there is no exception to the charge, the court must have properly instructed the jury as to applicable 'principles of law. And the jury has accepted plaintiff's view of the occurrence. Hence elaboration on the law and the facts is not deemed necessary.

In the judgment below, we find

No error.

Free access — add to your briefcase to read the full text and ask questions with AI

Winborne, J.

Only one question is presented: Is there error in denial of motion of defendant for judgment as of nonsuit? Taking the evidence, in the light most favorable to plaintiff, and giving to him the benefit of every reasonable inference, as is done in considering motions for judgment as of nonsuit, it would seem that the case is one for the jury, under well established principles of law. Since there is no exception to the charge, the court must have properly instructed the jury as to applicable 'principles of law. And the jury has accepted plaintiff's view of the occurrence. Hence elaboration on the law and the facts is not deemed necessary.

In the judgment below, we find

No error.

Cite This Page — Counsel Stack

Bluebook (online)

76 S.E.2d 459, 238 N.C. 140, 1953 N.C. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/todd-v-smathers-nc-1953.