MAYNOR v. TOWNSEND

No. 68SC63.

162 S.E.2d 677 (1968)

2 N.C. App. 19

Aggie Neil MAYNOR v. William J. TOWNSEND, Administrator of the Estate of Berline Carter.

Court of Appeals of North Carolina.

August 14, 1968.


Attorney(s) appearing for the Case

Bryan, Bryan & Johnson, Dunn, for plaintiff appellee.

William J. Townsend, Fayetteville, for defendant appellant.


BRITT, Judge.

In determining the propriety of the court's allowance of the motion for nonsuit of defendant's counterclaim, the question arises as to the sufficiency of the evidence to be submitted to the jury on three crucial points: (1) Whether there was pecuniary loss to the estate of the defendant's decedent; (2) Whether the plaintiff was the driver of the automobile; and (3) Whether the plaintiff was actionably negligent. We will discuss the points in the order...

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