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NEWTON v. NEW HANOVER COUNTY BD. OF EDUC.

No. 935SC819.

443 S.E.2d 347 (1994)

114 N.C. App. 719

Stewart B. NEWTON, Appellant, v. NEW HANOVER COUNTY BOARD OF EDUCATION, Appellee.

Court of Appeals of North Carolina.

May 17, 1994.

Attorney(s) appearing for the Case

William H. Dowdy and John K. Burns, Wilmington, for plaintiff-appellant.

Crossley McIntosh Prior & Collier, by Francis B. Prior and Sharon J. Stovall, Wilmington, for defendant-appellee.

WELLS, Judge.

In allowing defendant's motion for judgment notwithstanding the verdict, the trial court made these findings:

The Undersigned hereby finds that evidence presented in this case discloses as a matter of law that the plaintiff was a licensee as opposed to an invitee at the time of the injury on the defendant's premises. The Undersigned also finds that there was no evidence presented that defendant violated the duty owed to a licensee;

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