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PHILYAW v. CITY OF KINSTON

No. 309.

98 S.E.2d 791 (1957)

246 N.C. 534

Thelma J. PHILYAW, Administratrix of Woodrow Philyaw, deceased, v. The CITY OF KINSTON, a Municipal Corporation.

Supreme Court of North Carolina.

June 28, 1957.

Attorney(s) appearing for the Case

Whitaker & Jeffress, Kinston, Larkins & Brock, Trenton, Jones, Reed & Griffin, Kinston, for plaintiff appellant.

Edmundson & Edmundson, Goldsboro, George B. Greene, Kinston, for defendant appellee.

WINBORNE, Chief Justice.

The pivotal question here is whether judgment as of nonsuit was proper upon the evidence offered, taken in the light most favorable to plaintiff. Well settled principles, appropriate to the factual situation, require an affirmative answer. See Mintz v. Town of Murphy, 235 N.C. 304, 69 S.E.2d 849; Pugh v. Tidewater Power Co., 237 N.C. 693,

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