BRADY v. NEHI BEVERAGE COMPANY

No. 593.

86 S.E.2d 901 (1955)

242 N.C. 32

Virginia Maness BRADY v. NEHI BEVERAGE COMPANY, Inc. (Original Defendant) and Lester W. Brady (Additional Defendant).

Supreme Court of North Carolina.

April 13, 1955.


Attorney(s) appearing for the Case

Seawell & Wilson, Boyette & Brogden, Carthage, for plaintiff appellee.

W. D. Sabiston, Jr., Carthage, Ruark, Young & Moore, Raleigh, for defendant Nehi Beverage Co., appellant.

Gavin, Jackson & Gavin, Sanford, for additional defendant Brady, appellee.


WINBORNE, Justice.

While appellant brings forward many assignments of error, those numbered 3 and 4 based upon exceptions of like numbers, to the overruling of motion of appealing defendant, entered when plaintiff first rested her case and renewed at the close of all the evidence, for judgment as of nonsuit under the provisions of G.S. § 1-183, present the determinative question. The exceptions are well taken.

The defendant appellant contends, as two...

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