No. 6925SC219.

167 S.E.2d 44 (1969)

4 N.C. App. 512

Mary W. LINEBACK, Administratrix of the Estate of James Charlie Carr, Jr., Deceased v. Hazel Dora WOOD.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Smathers & Ferrell, by Forrest A. Ferrell, Hickory, for plaintiff appellant.

Townsend & Todd, by J. R. Todd, Jr., Lenoir, for defendant appellee.

BROCK, Judge.

This appeal presents no novel or new question; it presents only the question of whether plaintiff's evidence is sufficient to survive the motion for nonsuit. The plaintiff's evidence in this Record on Appeal is conflicting and inconsistent upon the question of how the accident occurred; however, it is for the jury, not the court, to determine the weight and credit to be given the testimony of the witness and to resolve the conflicts and inconsistencies...

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