NEWSOME v. SMITH

No. 816DC722.

289 S.E.2d 149 (1982)

Larry NEWSOME, Effie Mae Newsome Turner and husband, William Turner, and Odell Newsome v. Cleveland SMITH.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Thomas L. Jones, Murfreesboro, for the plaintiff-appellants.

No brief filed for the defendant-appellee.


ROBERT M. MARTIN, Judge.

The sole issue on appeal is whether the trial court properly granted defendant's motion for a directed verdict. Defendant is entitled to a directed verdict only if the evidence, when considered in the light most favorable to plaintiffs, fails to show the existence of each and every element required to establish an easement by prescription. Potts v. Burnette, 301 N.C. 663, 273 S.E.2d 285 (1981);

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