YOUNG v. CITY OF ASHEVILLE

No. 103.

86 S.E.2d 408 (1955)

241 N.C. 618

O. F. YOUNG v. CITY OF ASHEVILLE, a municipal corporation, The Beaverdam Water and Sewer District, a Municipal Corporation, and John C. Vance, Coke Candler and George D. Young, County Commissioners, as Trustees of The Beaverdam Water and Sewer District.

Supreme Court of North Carolina.

March 23, 1955.


Attorney(s) appearing for the Case

Williams & Williams, Asheville, for appellee.

Robert W. Wells and George H. Wright, Asheville, for City of Asheville, appellant.

Roy A. Taylor and Don C. Young, Asheville for Beaverdam Water and Sewer District, appellant.


PARKER, Justice.

The defendants' sole assignments of error are the refusal of the Trial Court to sustain their separate motions for judgments of nonsuit made at the close of plaintiff's evidence, and renewed at the close of all the evidence.

The defendants have filed a joint brief. Their argument that the action should have been nonsuited is based upon three grounds. First, that the plaintiff has neither alleged, nor offered evidence tending to show that his...

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