RIVERS v. TOWN OF WILSON

No. 98.

63 S.E.2d 544 (1951)

233 N.C. 272

RIVERS v. TOWN OF WILSON.

Supreme Court of North Carolina.

February 28, 1951.


Attorney(s) appearing for the Case

Robert A. Farris, Wilson, for plaintiff, appellant.

Lucas & Rand and Connor, Gardner & Connor, Wilson, for defendant, appellee.


STACY, Chief Justice.

The question for decision is whether the evidence, taken in its most favorable light for the plaintiff, survives the demurrer and carries the case to the jury. The trial court answered in the negative, and we approve.

The plaintiff cites Gasque v. Asheville, 207 N.C. 821, 178 S.E. 848, as direct authority requiring the case to be submitted to the jury, and Webster v. City of Charlotte, 222 N.C. 321, 22 S.E.2d 900, as also tending to support...

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