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

Procedural entryThis page is a short order in Todd v. Smathers. Read the opinion of the Court — 235 N.C. 123 →

Supreme Court of North Carolina·Decided June 12, 1953·Published

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.

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

Pincite

76 S.E.2d 459 (Todd v. Smathers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.