JOHNSON v. JOHNSON

No. 701SC170.

174 S.E.2d 85 (1970)

8 N.C. App. 274

Patrick Hinton JOHNSON v. Vivien Ashe JOHNSON.

Court of Appeals of North Carolina.

May 27, 1970.


Attorney(s) appearing for the Case

Jones, Jones & Jones, by L. Bennett Gram, Jr., Ahoskie, for plaintiff appellee.

Leroy, Wells, Shaw, Hornthal & Riley, by L. P. Hornthal, Jr., Elizabeth City, for defendant appellant.


MORRIS, Judge.

Defendant brings forward two assignments of error, the first related to the court's failure to grant her motion for nonsuit and the second to the signing and entry of the judgment. After reviewing the evidence, we are of the opinion that defendant's motion for nonsuit at the close of plaintiff's evidence should have been granted. We are in agreement with counsel for both parties that the doctrine of res ipsa loquitur does not apply under the...

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