PENNY v. SEABOARD COAST LINE RAILROAD COMPANY

No. 7110SC169.

179 S.E.2d 862 (1971)

10 N.C. App. 659

John A. PENNY v. SEABOARD COAST LINE RAILROAD COMPANY.

Court of Appeals of North Carolina.

March 31, 1971.


Attorney(s) appearing for the Case

McDaniel & Fogel by L. Bruce McDaniel, Raleigh, for plaintiff appellee.

Maupin, Taylor & Ellis by William W. Taylor, Jr., Raleigh, for defendant appellant.


BRITT, Judge.

In its first assignment of error defendant contends that the trial court erred in refusing to grant defendant's motion for a directed verdict at the close of all the evidence and in refusing to grant defendant's motion for judgment notwithstanding the verdict or its alternative motion for a new trial for the reason that the evidence offered by plaintiff was not sufficient to be submitted to the jury on the question of defendant's negligence. Suffice...

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