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BOWEN v. CONSTRUCTORS EQUIPMENT RENTAL COMPANY

No. 43.

196 S.E.2d 789 (1973)

283 N.C. 395

Howard G. BOWEN, Sr., Administrator of Estate of Howard Gibson Bowen, Jr., Deceased, v. CONSTRUCTORS EQUIPMENT RENTAL COMPANY, a North Carolina corporation, and James Stephen Wilson.

Supreme Court of North Carolina.

June 1, 1973.

Attorney(s) appearing for the Case

Morgan, Byerly, Post & Herring, by W. B. Byerly, Jr., High Point, for plaintiff.

Smith, Moore, Smith, Schell & Hunter, by Bynum M. Hunter and David M. Moore, II, Greensboro, for defendants.

BOBBITT, Chief Justice.

Defendants' Appeal—Part I

Defendants' Assignment of Error No. 1 is based on exceptions to the denial of their motions for a directed verdict and for judgment notwithstanding the verdict. It presents a question of law, namely, whether the evidence was sufficient to require submission to the jury. Kelly v. Harvester Co., 278 N.C. 153, 157, 179 S.E.2d 396

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