No. 238.

74 S.E.2d 24 (1953)

236 N.C. 632

GODWIN v. NIXON et al.

Supreme Court of North Carolina.

January 6, 1953.

Attorney(s) appearing for the Case

Plaintiff, Mrs. M. E. Godwin, appeals to the Supreme Court and assigns error.

Leon G. Stevens and E. Craig Jones, Jr., Smithfield, for plaintiff appellant.

Wellons, Martin & Wellons, Smithfield, for Prater.

Hooks, Mitchiner & Spence, Smithfield, for Nixon Brothers.

WINBORNE, Justice.

This appeal challenges the ruling of the trial court in sustaining the motions of defendants for judgment as of nonsuit in so far as the appealing plaintiff is concerned. This raises the question as to whether or not the evidence offered upon the trial below, as shown in the case on appeal, taken in the light most favorable to plaintiff, is sufficient to make out a case of actionable negligence against either the defendants, Nixon Brothers, or the...


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