No. 6928SC047.

167 S.E.2d 450 (1969)

4 N.C. App. 581

Reita G. CAMPBELL v. Ray O'SULLIVAN and Buncombe County.

Court of Appeals of North Carolina.

Certiorari Denied July 10, 1969.

Attorney(s) appearing for the Case

Van Winkle, Buck, Wall, Starnes & Hyde, by O. E. Starnes, Jr., and Williams, Morris & Golding, by William C. Morris, Jr., Asheville, for plaintiff-appellee.

Uzzell & Dumont, by Harry Dumont, and Robert D. Lewis, Asheville, for defendants-appellants.

MALLARD, Chief Judge.

At the close of the evidence the defendants moved for judgment as of nonsuit and assign as error the failure of the court to allow the motion.

The evidence must be taken in the light most favorable to the plaintiff in ruling upon the motion for judgment of nonsuit. The evidence when thus viewed tends to show that on 31 December 1966 at about 5:00 or 5:30 p. m. while it was still daylight, the plaintiff was operating a 1962 model Buick...

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