BOWEN v. GARDNER

No. 35.

168 S.E.2d 47 (1969)

275 N.C. 363

Maggie A. BOWEN v. Danny Clifton GARDNER, Appearing Herein by his Guardian Ad Litem, Mildred D. Gardner, and James Gardner.

Supreme Court of North Carolina.

June 18, 1969.


Attorney(s) appearing for the Case

Connor, Lee, Connor & Reece, by Cyrus F. Lee, Wilson, for the plaintiff appellant.

Boyce, Lake & Burns, by G. Eugene Boyce, Raleigh, for defendant appellees.


HUSKINS, Justice.

Did the Court of Appeals err in sustaining the judgment of nonsuit? The answer lies in application of established rules governing motions for nonsuit. These rules may be enumerated as follows:

1. All the evidence which tends to support plaintiff's claim must be taken as true and considered in its light most favorable to plaintiff, giving her the benefit of every reasonable inference which legitimately may be drawn therefrom. King Homes, Inc...

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