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ELLINGTON v. HESTER

No. COA96-1057.

487 S.E.2d 843 (1997)

Daniel ELLINGTON, and wife, Kay Ellington, Appellants, v. David HESTER, and wife, Linda Hester, Appellees.

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

Nancy P. Quinn, Greensboro, for plaintiff-appellants.

Hill, Evans, Duncan, Jordan & Davis by R. Thompson Wright, Greensboro, for defendant-appellees.

EAGLES, Judge.

By their sole assignment of error, the plaintiffs contend that the trial court erred in granting the defendants' motion for a directed verdict on each of the plaintiffs' claims, i.e. strict liability under the Oil Pollution and Hazardous Substances Control Act (G.S. 143-215.75, et seq.), negligence, nuisance and trespass. We disagree and affirm.

The purpose of a motion for a directed verdict is to test the legal sufficiency of the evidence...

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