Minnis v. . Sharpe

164 S.E. 625, 203 N.C. 110, 1932 N.C. LEXIS 318

Opinion

Connor, J.

In the absence of evidence tending to show a causal connection between the negligence of the defendant, James N. Williamson, Jr., while serving as a director of the Alamance Insurance and Real Estate Company, and the loss sustained by plaintiff’s intestate by'reason of the negligence of tbe directors of said company, after tbe defendant bad ceased to be a director, it was error to refuse defendant’s motion for judgment as of nonsuit at the close of all the evidence. Burke v. Coach Co., 198 N. C., 8, 150 S. E., 636, Whitaker v. Car Co., 197 N. C., 83, 147 S. E., 729, Peters v. Tea Co., 194 N. C., 172, 138 S. E., 595, Gillis v. Transit Corporation, 193 N. C., 346, 137 S. E., 153, Ledbetter v. English, 166 N. C., 125, 181 S. E., 1066.

An examination of tbe evidence set out in tbe case on appeal sustains tbe petitioner’s contention that tbe court inadvertently overlooked bis contention presented by bis petition for a rebearing.

Tbe judgment of tbe Superior Court against tbe defendant, James N. Williamson, Jr., is reversed.

Petition allowed.