POTTER v. RELIANCE INS. CO.

No. 7523DC877.

223 S.E.2d 578 (1976)

29 N.C. App. 138

Rom L. POTTER and wife, Angie D. Potter, Plaintiffs-Appellees, v. RELIANCE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of North Carolina.

April 7, 1976.


Attorney(s) appearing for the Case

Richard J. Bryan, Thomas S. Johnston, Jefferson, for plaintiffs-appellees.

W. G. Mitchell, North Wilkesboro, for defendant-appellant.


CLARK, Judge.

The defendant brings forward only one assignment of error: the denial of his motion for directed verdict.

Where the evidence as to the cause of the property loss or damage is doubtful or conflicting, it is a jury question whether it resulted from lightning within the coverage of a lightning clause in an insurance policy. But where the evidence relied on to show that lightning was the cause of loss is of a speculative nature, the court will decide...

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