DOWNS v. WATSON

No. 7026SC177.

173 S.E.2d 556 (1970)

8 N.C. App. 13

Kenneth R. DOWNS, Administrator of the Estate of Laura Mildred Cupples, Deceased v. John Christopher WATSON and Watt Lee Parker.

Court of Appeals of North Carolina.

May 6, 1970.


Attorney(s) appearing for the Case

Osborne & Griffin, by Wallace S. Osborne, Charlotte, for appellant.

Carpenter, Golding, Crews & Meekins, by John G. Golding, Charlotte, for appellees.


BROCK, Judge.

Appellant's sole assignment of error is that the trial court erred in granting defendants' motion for nonsuit made at the close of plaintiff's evidence.

"It is elementary that upon a motion for judgment of nonsuit the evidence of the plaintiff must be taken to be true and must be considered in the light most favorable to him, resolving all contradictions therein in his favor, and giving him the benefit of every inference in his favor which can...

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