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BAREFOOT v. HOLMES

No. 601.

147 S.E.2d 883 (1966)

267 N.C. 242

Carson R. BAREFOOT, Administrator of Lloyd Ray Barefoot, Deceased, v. Felton HOLMES.

Supreme Court of North Carolina.

May 4, 1966.

Attorney(s) appearing for the Case

Joseph H. Levinson, Benson, for plaintiff, appellant.

Teague, Johnson & Patterson, Robert M. Clay and Bob W. Bowers, Raleigh, for defendants, appellees.

PER CURIAM.

The appellant assigns as error the ruling of the court below in sustaining the defendants' motion for judgment as of nonsuit.

In our opinion, when the plaintiff's evidence is considered in the light most favorable to plaintiff, as it must be on a motion for judgment as of nonsuit, it is sufficient to take the case to the jury, and we so hold. Bridges v. Graham, 246 N.C. 371

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