BENTON v. MONTAGUE

No. 252.

117 S.E.2d 771 (1961)

253 N.C. 695

Janet Leigh BENTON, Minor, by her Next Friend, Glenn Benton, v. R. W. MONTAGUE and Huntley Hosiery Company, Inc.

Supreme Court of North Carolina.

January 20, 1961.


Attorney(s) appearing for the Case

Henderson & Henderson and William A. Shuford, Charlotte, for plaintiff, appellant.

Helms, Mulliss, McMillan & Johnston and E. Osborne Ayscue, Jr., Charlotte, for defendant Montague, appellee.

Carpenter & Webb, John G. Golding, Fairley & Hamrick and Jack T. Hamilton, Charlotte, for defendant Hosiery Co., appellee.


MOORE, Justice.

The sole question for decision here is whether the court erred in sustaining defendants' motions for nonsuit.

On a motion for involuntary nonsuit the evidence must be considered in the light most favorable to plaintiff, and plaintiff is entitled to the benefit of every reasonable inference of fact to be drawn therefrom consistent with the allegations of the complaint. Rickman Manufacturing Co. v. Gable, 246 N.C. 1

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