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ELECTRIC MOTOR & REPAIR CO. v. MORRIS & ASSOCIATES

No. 68SC183.

162 S.E.2d 611 (1968)

2 N.C. App. 72

ELECTRIC MOTOR & REPAIR COMPANY, Inc. v. MORRIS & ASSOCIATES, INC.

Court of Appeals of North Carolina.

August 14, 1968.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, Raleigh, for plaintiff appellee.

Purrington, Joslin, Culbertson & Sedberry, by Charles H. Sedberry, Raleigh, for defendant appellant.

BRITT, Judge.

The waiver of trial by jury invested Judge Hobgood with the dual capacity of judge and juror. Reid v. Johnston, 241 N.C. 201, 85 S.E.2d 114. Consequently, it was in Judge Hobgood's province to determine the credibility of the witnesses and the weight to be attached to their testimony, and the inferences legitimately to be drawn therefrom, in exactly the same sense that a jury would do...

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