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WHALEY v. MARSHBURN

No. 317.

138 S.E.2d 291 (1964)

262 N.C. 623

Ervin E. WHALEY v. Henry Jackson MARSHBURN. Reginald R. QUINN v. Henry Jackson MARSHBURN.

Supreme Court of North Carolina.

October 21, 1964.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff appellees.

White & Aycock, Kinston, for defendant appellant.

PER CURIAM.

The only evidence was that offered by plaintiffs. It was sufficient to require submission for jury determination of issues as to the alleged actionable negligence of defendant. In accordance with legal principles stated in Randall v. Rogers, N.C., 138 S.E.2d 248, and cases cited, defendant's motions for judgment of nonsuit were properly overruled.

Assignments of error relating to the charge have been carefully...

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