MINTZ v. FOSTER

No. 7722SC250.

242 S.E.2d 181 (1978)

35 N.C. App. 638

Kenneth Moore MINTZ v. Robert Lee FOSTER.

Court of Appeals of North Carolina.

March 21, 1978.


Attorney(s) appearing for the Case

White & Crumpler by Fred G. Crumpler, Jr., Harrell Powell, Jr., Michael J. Lewis and David R. Tanis, Winston Salem, for plaintiff-appellee.

Brinkley, Walser, McGirt & Miller by G. Thompson Miller and William E. Hall, Mochsville, for defendant-appellant.


ERWIN, Judge.

The defendant first assigns error to the trial court's failure to direct a verdict in his favor, contending there was no evidence of actionable negligence. This assignment is overruled. On a motion by a defendant for a directed verdict under Rule 50(a), plaintiff's evidence must be taken as true and must be considered in the light most favorable to him, giving plaintiff the benefit of every reasonable inference to be drawn from such evidence. Manganello...

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