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BOWLING v. CITY OF OXFORD

No. 453.

148 S.E.2d 624 (1966)

267 N.C. 552

Wallace D. BOWLING and wife, Ella G. Bowling, and S. S. Royster, Trustee, v. The CITY OF OXFORD. SOUTHERN RAILWAY COMPANY v. The CITY OF OXFORD.

Supreme Court of North Carolina.

June 16, 1966.

Attorney(s) appearing for the Case

Royster & Royster, Oxford, for appellants Wallace D. Bowling and wife, Ella G. Bowling, and S. S. Royster, Trustee.

Royster & Royster, Hicks & Taylor, Oxford, and W. T. Joyner, Raleigh, for appellant Southern Railway Company.

Watkins & Edmundson, Oxford, and Zollicoffer & Zollicoffer, Henderson, for defendant appellee.

LAKE, Justice.

Upon a motion for judgment as of nonsuit the evidence offered by the plaintiff must be taken to be true and must be interpreted in the light most favorable to the plaintiff. Every reasonable inference favorable to the plaintiff must be drawn therefrom.

When a city or town engages in an activity which is not an exercise of its governmental function but is proprietary in nature, the city, like an individual or a privately owned corporation engaged...

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