Oberly & Newell Lithograph Corp. v. Clark
Cases that cite this one
4 later published cases cite this decision.
- Rushing v. Polk (N.C. 1962)
- Graham v. North Carolina Butane Gas Co. (N.C. 1950)
- Graham v. North Carolina Butane Gas Co. (N.C. 1950)
- Wooten v. . Smith (N.C. 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.