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BEATTY v. H. B. OWSLEY & SONS, INC.

No. 805SC984.

280 S.E.2d 484 (1981)

Ronald Lee BEATTY, Plaintiff, v. H. B. OWSLEY & SONS, INC., Defendant and Third-Party Plaintiff, v. KAISER ALUMINUM AND CHEMICAL SALES, INC., a corporation, Third-Party Defendant.

Court of Appeals of North Carolina.

July 21, 1981.

Attorney(s) appearing for the Case

Franklin L. Block, Wilmington, for plaintiff-appellant.

Anderson, Broadfoot, Anderson, Johnson & Anderson by Henry L. Anderson, Jr., Fayetteville, for defendant-appellee.

BECTON, Judge.

I

The questions presented by plaintiff's second assignment of error are (1) whether the evidence shows negligence by Owsley3; and (2) whether the evidence shows plaintiff was contributorily negligent as a matter of law. The standard is so well known that it needs no citation: A defendant's motion for a directed verdict made under Rule 50(a) of the Rules of Civil Procedure presents the question of whether the evidence...

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