CLARK v. MOORE

No. 826SC1306.

309 S.E.2d 579 (1983)

Roy Lee CLARK v. William MOORE, Roger C. Moore Oil Co., Inc.

Court of Appeals of North Carolina.

December 20, 1983.


Attorney(s) appearing for the Case

Hux, Livermon & Armstrong by James S. Livermon, Jr., Enfield, for plaintiff-appellee.

Battle, Winslow, Scott & Wiley by Robert L. Spencer, Rocky Mount, for defendants-appellants.


EAGLES, Judge.

Defendants ask us to find that the trial judge erred in denying their motions for directed verdict and in denying their motion for judgment notwithstanding the verdict. Defendants contend that plaintiff's evidence as to defendant's negligence was not sufficient to submit the case to the jury and that plaintiff's own evidence showed contributory negligence as a matter of law. We do not agree with either contention.

Defendants' motion for directed...

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