FORTNER v. DEITZ

No. 20.

102 S.E.2d 423 (1958)

248 N.C. 73

John H. FORTNER v. Medford DEITZ.

Supreme Court of North Carolina.

March 19, 1958.


Attorney(s) appearing for the Case

T. M. Jenkins, R. B. Morphew, Robbinsville, for plaintiff appellant.

Williams & Williams, Asheville, for defendant appellee.


PER CURIAM.

The only assignment of error presented for decision on this appeal is based upon exception to entry of judgment as of nonsuit.

Taking the evidence offered upon trial below, as shown in the record of case on appeal, in the light most favorable to plaintiff, as is done in testing its sufficiency to withstand motion for judgment as of nonsuit, there is lack of evidence from which actionable negligence is shown, or may be inferred. Indeed it is speculative...

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