MOSS v. TATE

No. 273.

142 S.E.2d 161 (1965)

264 N.C. 544

Glemon Ray MOSS v. C. G. TATE, trading as C. G. Tate Construction Company.

Supreme Court of North Carolina.

June 2, 1965.


Attorney(s) appearing for the Case

Valentine & Valentine, Nashville, for plaintiff appellant.

Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, for defendant appellee.


BOBBITT, Justice.

Only one question is presented: Was the evidence, when considered in the light most favorable to plaintiff, sufficient to require submission to the jury?

Under its contract of September 1961 with the State Highway Commission, defendant had been engaged "for many months" in the construction of the Nashville bypass, referred to hereafter as the bypass or "new 64." On December 25, 1962, the bypass west of Nashville had been paved but was not...

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