GIBSON v. MONTFORD

No. 703SC318.

175 S.E.2d 776 (1970)

John Ralph GIBSON v. Elmer J. MONTFORD and Durwood Aman.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1970.


Attorney(s) appearing for the Case

Hamilton, Hamilton & Phillips by Luther Hamilton, Sr., Morehead City, for plaintiff appellant.

Wheatly & Mason by C. R. Wheatly, Jr., Beaufort, for defendant appellee Aman.

George H. McNeill and Boshamer & Graham by Otho L. Graham, Morehead City, for defendant appellee Montford.


BRITT, Judge.

Plaintiff assigns as error the granting of defendant Aman's motion for nonsuit at the close of plaintiff's evidence. Suffice to say, we have carefully reviewed the evidence in the light most favorable to plaintiff but find that it fails to disclose any act or omission by defendant Aman which constituted actionable negligence and was a proximate cause of plaintiff's injury and damage. For that reason we hold that the trial court did not err in granting...

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