At the close of plaintiffs’ evidence (the defendant introduced none), defendant in the court below made a motion for judgment as in case of nonsuit. C. S., 567. The court below overruled this motion, and in this we can see no error.
On motion to dismiss or judgment of nonsuit, the evidence is to be taken in the light most favorable to the plaintiff, and he is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom.
*730The principle of res ipsa loquitur does not prevail in this State as to skidding.
In Clodfelter v. Wells, 212 N. C., 823 (827), Devin, J., for the Court, said: “Coming back to the determinative question presented by the appeal, whether the doctrine of res ipsa loquitur applied to the facts in this case, it seems to have been definitely settled in North Carolina that this principle does not apply to the skidding of an automobile resulting in injury to a passenger. It was so held in Springs v. Doll, 197 N. C., 240, 148 S. E., 251, and reaffirmed in Butner v. Whitlow, 201 N. C., 749, 161 S. E., 389, and Waller v. Hipp, 208 N. C., 117, 179 S. E., 428.”
The charge of the court does not appear in the record, and the presumption is that the court below charged the law applicable to the facts and that the case was not submitted to the jury on the theory of res ipsa loquitur, but on the grounds of negligence, irrespective of res ipsa loquitur.
Hatcher C. Williams testified: “After I saw Mr. Thomas was skidding, I began to slow down and apply the brakes. From the time I saw Mr. Thomas was skidding the rear end of his car swung out towards the middle. He was still on the right, but the rear was getting towards the center, then 30 or 40 feet from me he whipped right across the road in front of me, facing back towards Greensboro. When he was 30 or 40 feet away from me, he whipped across the road in front of me.” It will be noted that this witness used the language “the rear end of his ear swung out towards the middle,” and the further language “but the rear was getting towards the center, then 30 or 40 feet from me, he whipped right across the road in front of me, facing back towards Greensboro. When he was 30 or 40 feet in front of me, he whipped across the road in front of me.” Williams testified on cross-examination: “I do not think that Thomas’ car stopped. I saw him cut across, then he just loomed up in front of me, then I saw the car skid across in front of me.”
Miss Jacqueline Ray testified: “When I first observed that it was skidding, Thomas’ car was on his right side, it changed its course; he skidded a bit and then he turned completely; I mean sideways in the road, in the middle of the road, that is all I remember.”
The evidence above showed more than skidding, it was sufficient to be submitted to the jury on the aspect of negligence. The jury found that the injury to both person and property was caused by the negligence of defendant.
For the reasons given, we find in the judgment of the court below,
No error.
BarNI-iill, J., dissents.