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267 N.C. 242

Barefoot v. Holmes

Supreme Court of North Carolina · decided 1966-05-04

Cited by 2 later decisions — most recently June 1968

2 state decisions

Relies on Bridges v. Graham · Lane v. Dorney · Randall v. Rogers

Good law ✅— No negative treatment on recordhow we know

Decided 1966-05-04

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Per Curiam.

¶1The appellant assigns as error the ruling of the court below in sustaining the defendants’ motion for judgment as of nonsuit.

¶2In our opinion, when the plaintiff’s evidence is considered in the light most favorable to plaintiff, as it must be on a motion for judgment as of nonsuit, it is sufficient to take the case to the jury, and we so hold. Bridges v. Graham, 246 N.C. 371, 98 S.E. 2d 492; Thomas v. Morgan, 262 N.C. 292, 136 S.E. 2d 700; Randall v. Rogers, 262 N.C. 544, 138 S.E. 2d 248. See also Lane v. Dorney, 252 N.C. 90, 113 S.E. 2d 33.

¶3In accord with the policy of this Court, since there must be a new trial we will not discuss or attempt to analyze the evidence. The judgment of the court below is

¶4Reversed.

Moore, J., not sitting.
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