PITCOCK v. FOX

No. 9429SC263.

458 S.E.2d 264 (1995)

119 N.C. App. 307

James R. PITCOCK and wife, Pamela P. Pitcock, Plaintiffs, v. Glenn M. FOX and wife, Deborah Susan Fox; Wade T. Sims and wife, Rosemary Norkus Sims; and Jackie L. Murray and wife, Shirley L. Murray, Defendants.

Court of Appeals of North Carolina.

June 20, 1995.


Attorney(s) appearing for the Case

Whitmire & Fritschner by Samuel H. Fritschner, Hendersonville, for plaintiff-appellees.

Prince, Youngblood & Massagee by Sharon B. Alexander, Hendersonville, for defendant-appellants.


EAGLES, Judge.

I.

Defendants argue that the trial court erred by denying defendants' motion for directed verdict because the evidence was insufficient to show that plaintiffs acquired an easement by prescription. In deciding whether to grant a motion for directed verdict, the trial court must determine whether the evidence, viewed in the light most favorable to the non-moving party, is sufficient to take the case to a jury. Freese v. Smith,

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