UTICA FIRE INSURANCE COMPANY v. SUTTON

No. 671.

98 S.E.2d 338 (1957)

246 N.C. 339

UTICA FIRE INSURANCE COMPANY v. J. Romie SUTTON and Azile Sutton.

Supreme Court of North Carolina.

May 22, 1957.


Attorney(s) appearing for the Case

E. K. Powe, Durham, for plaintiff appellant.

No counsel contra.


PER CURIAM.

The plaintiff excepts to and assigns as error the ruling of the court below in sustaining the motion for judgment as of nonsuit.

A review of the evidence revealed by the record on appeal, including the stipulations entered into by the parties, leads us to the conclusion that the case should have been submitted to the jury. Hence, the judgment below is reversed.

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