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TIPPITE v. ATLANTIC COAST

No. 673.

68 S.E.2d 285 (1951)

234 N.C. 641

TIPPITE v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

December 12, 1951.

Attorney(s) appearing for the Case

Shepard & Wood, Smithfield, and Rose & Sanford, Fayetteville, for defendant appellant.

Nance & Barrington, Fayetteville, for plaintiff appellee.

VALENTINE, Justice.

Before a plaintiff's cause of action yields to a defendant's motion for judgment as of nonsuit, plaintiff is entitled to have his evidence viewed in the light most favorable to him, and it is the duty of the presiding judge to accept as true all evidence tending to support the plaintiff's claim and in so doing every reasonable inference and intendment deducible from the plaintiff's evidence must be given...

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