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ODELL v. LIPSCOMB

No. 7118SC545.

183 S.E.2d 299 (1971)

12 N.C. App. 318

Harvey Franklin ODELL v. Floney LIPSCOMB, Jr., and Jones Motor Company, Inc.

Court of Appeals of North Carolina.

September 15, 1971.

Attorney(s) appearing for the Case

Jordan, Wright, Nichols, Caffrey & Hill, by Karl N. Hill, Jr., and Younce, Wall & Suggs, by Adam Younce and Wade C. Euliss, Greensboro, for plaintiff appellant.

Smith, Moore, Smith, Schell & Hunter, and Richmond G. Bernhardt, Jr., Greensboro, for defendant appellees.

PARKER, Judge.

The court discharged the jury when it failed to reach a verdict. Within ten days thereafter the trial judge on his own motion directed a verdict. This procedure was authorized by Rule 50(b) (1) of the Rules of Civil Procedure, which contains the following:

"Not later than ten (10) days after entry of judgment or the discharge of the jury if a verdict was not returned, the judge on his own motion may, with or without further notice and hearing...

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