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BENSON v. SAWYER

No. 163.

127 S.E.2d 549 (1962)

257 N.C. 765

Robert S. BENSON v. Walter F. SAWYER.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

Solomon B. Sternberger and Addison Hewlett, Jr., Wilmington, for plaintiff.

Poisson, Marshall, Barnhill & Williams, Wilmington, for defendant.

PER CURIAM.

The case was nonsuited at the close of plaintiff's evidence. His evidence, considered in the light most favorable to him, tends to show:

Shortly after midnight on 17 October 1960 plaintiff parked his truck in the parking area in front of the Oleander Fruit Stand in a suburban district of New Hanover County. Plaintiff entered the Fruit Stand, which was open for business, and remained there about 30 minutes. When he came out he saw his wife's sister...

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