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VANCE TRUCKING CO., INC. v. PHILLIPS

No. 8014SC693.

275 S.E.2d 497 (1981)

VANCE TRUCKING COMPANY, INC. and Myrtle N. Walker, Administratrix of the Estate of Horace Hobart Walker v. Allen Ross PHILLIPS, Ed Kemp Associates, Inc. and Charles Jennings George, Jr.

Court of Appeals of North Carolina.

March 3, 1981.

Attorney(s) appearing for the Case

Biggs, Meadows, Batts, Etheridge & Winberry by M. Alexander Biggs and Auley M. Crouch, III, Rocky Mount, for plaintiffs-appellants.

Smith, Moore, Smith, Schell & Hunter by Bynum M. Hunter, Frank J. Sizemore, III and Alan W. Duncan, Greensboro, for defendants-appellees Allen Ross Phillips and Ed Kemp Associates, Inc.

Haywood, Denny & Miller by George W. Miller, Jr., Durham, for defendant-appellee Charles Jennings George Jr.

HILL, Judge.

"A motion for a directed verdict raises the question as to whether there is sufficient evidence to go to the jury." Shuford, N. C. Civil Practice and Procedure § 50-5, p. 410. "The plaintiff's evidence must be taken as true and be considered in the light most favorable to him .... All conflicts in the evidence must be resolved in the plaintiff's favor and ... [c]ontradictions, conflicts and inconsistencies which appear in the evidence are to be resolved...

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