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CHAMPION v. WALLER

No. 454.

150 S.E.2d 783 (1966)

268 N.C. 426

Jean Gaither CHAMPION, Administratrix of the Estate of William Stewart Champion, Deceased, Plaintiff, v. Joseph John WALLER, Defendant.

Supreme Court of North Carolina.

November 2, 1966.

Attorney(s) appearing for the Case

Bobby W. Rogers, Henderson, for plaintiff appellant.

Bryant, Lipton, Bryant & Battle, Durham, for defendant appellee.

LAKE, Justice.

It is elementary that in passing upon a motion for judgment of nonsuit the evidence of the plaintiff must be taken to be true, and must be interpreted in the light most favorable to him, and all reasonable inferences in his favor must be drawn therefrom. Bowling v. City of Oxford, 267 N.C. 552, 148 S.E.2d 624.

Facts alleged in the complaint and admitted in the answer are conclusively...

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