BURR v. EVERHART

No. 531.

98 S.E.2d 327 (1957)

246 N.C. 327

Edmond BURR v. Mrs. M. M. EVERHART.

Supreme Court of North Carolina.

May 22, 1957.


Attorney(s) appearing for the Case

Robert M. Davis, George R. Uzzell, Salisbury, for defendant, appellant.

Clarence Kluttz, Lewis P. Hamlin, Jr., Salisbury, for plaintiff, appellee.


HIGGINS, Justice.

The defendant's assignment of error No. 5 is determinative of this appeal. The assignment is based on the court's refusal to allow defendant's motion for judgment of nonsuit, renewed at the close of all the evidence.

At the time of the plaintiff's accident and injury he was a carpenter 60 years of age with 35 years' experience in his trade. The defendant, a lady 76 years of age, was the owner of a number of tenant houses, experienced in having...

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