BASS v. ROBERSON

No. 526.

134 S.E.2d 157 (1964)

261 N.C. 125

J. Alton BASS v. Patsy Alease ROBERSON and C. A. Roberson.

Supreme Court of North Carolina.

January 17, 1964.


Attorney(s) appearing for the Case

Everette L. Doffermyre and James M. Johnson, Dunn, for plaintiff.

Dupree, Weaver, Horton & Cockman, Raleigh, for defendants.


DENNY, Chief Justice.

This is a borderline case. However, when the evidence adduced in the trial below is considered in the light most favorable to the plaintiff, as it must be on a motion for judgment as of nonsuit, in our opinion it is sufficient to warrant its submission to the jury.

Since a new trial is awarded for reasons hereinafter stated, we refrain from a discussion of the evidence set forth in the record except to the extent deemed necessary in the...

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