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SEAMAN v. McQUEEN

No. 8010SC720.

277 S.E.2d 118 (1981)

Rhineheardt P. SEAMAN, Plaintiff, v. Bernie Garrett McQUEEN, Jr., Defendant, v. Julia Grady McQUEEN, Third-Party Plaintiff.

Court of Appeals of North Carolina.

April 21, 1981.

Attorney(s) appearing for the Case

Young, Moore, Henderson & Alvis by Dan J. McLamb, Raleigh, for plaintiff-appellant.

Ragsdale & Liggett by Peter M. Foley, Raleigh, for defendant-appellee.

CLARK, Judge.

The record indicates that the trial court granted judgment notwithstanding the verdict on the ground that the evidence established plaintiff's contributory negligence as a matter of law. "[I]n passing on a motion for judgment n. o. v., the court must view the evidence in the light most favorable to the nonmovant." Summey v. Cauthen, 283 N.C. 640, 648,

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