TAYLOR v. TOWN OF HERTFORD

No. 17.

117 S.E.2d 469 (1960)

253 N.C. 541

Ann Taylor Hollowell TAYLOR, Administratrix of the Estate of Wayland C. Hollowell, Jr., deceased, v. TOWN OF HERTFORD, a Municipal Corporation.

Supreme Court of North Carolina.

December 14, 1960.


Attorney(s) appearing for the Case

John R. Jenkins, Jr., Aulander, LeRoy, Goodwin & Wells, Elizabeth City, for plaintiff appellant.

Charles E. Johnson, Hertford, John H. Hall, Elizabeth City, for defendant appellee.


WINBORNE, Chief Justice.

In sustaining the motion to nonsuit, the court apparently relied on G.S. §§ 136-41.1, 136-93 and 160-54. The record shows that counsel for defendant in making motion for judgment as of nonsuit called primarily to the Judge's attention three statutes which defendant contends either separately or in combination one with the other absolutely control the question, and basically are the premise that the control and the right to control...

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