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WINKLER v. APPALACHIAN AMUSEMENT CO.

No. 310.

79 S.E.2d 185 (1953)

238 N.C. 589

WINKLER v. APPALACHIAN AMUSEMENT CO.

Supreme Court of North Carolina.

November 25, 1953.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston Salem, and Wade E. Brown, for plaintiff, appellant.

Scott, Collier & Nash, Statesville, and Trivette, Holshouser & Mitchell, North Wilkesboro, for defendant, appellee.

PARKER, Justice.

The defendant contends that the court was correct in nonsuiting the plaintiff on these grounds: (1) There was not sufficient evidence of actionable negligence to carry the case to the jury; (2) that the language of paragraphs 3 and 9 of the lease relieved the defendant from liability for damages by fire, no matter if caused by its own negligence; and (3) that the language of paragraph 6 of the lease required the plaintiff to keep the building fully...

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