Lemmons v. Sigman

Supreme Court of North Carolina
Lemmons v. Sigman, 181 N.C. 238 (N.C. 1921)
Stacy

Lemmons v. Sigman

Opinion of the Court

•Stacy, J.

The testimony as to the appearance of the girl, with respect to her age, is conflicting; and, upon the question of reasonable inquiry, the facts are not admitted. Hence, considering the evidence in its most favorable light for the plaintiff, the accepted position on a motion to nonsuit, we think the case should have been submitted to the jury under proper instructions. Snipes v. Wood, 179 N. C., 349; Julian v. Daniels, 175 N. C.; 549; Gray v. Lentz, 173 N. C., 346.

As said in Furr v. Johnson, 140 N. C., 157: “Where there is a conflict of evidence, whether there has been reasonable inquiry is to be submitted to the jury upon all the evidence under proper instructions; but if the facts are agreed, it is a matter of law,” citing Joyner v. Roberts, 114 N. C., 389. The jury alone may pass upon the weight of the evidence or the credibility of the witnesses. .

The judgment of nonsuit will be set aside and the case referred to another jury.

Reversed.

Reference

Full Case Name
C.E. LEMMONS v. F. E. SIGMAN
Status
Published