White v. Roach

134 S.E.2d 651, 261 N.C. 371, 1964 N.C. LEXIS 467
CourtSupreme Court of North Carolina
DecidedFebruary 26, 1964
StatusPublished
Cited by2 cases

This text of 134 S.E.2d 651 (White v. Roach) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. Roach, 134 S.E.2d 651, 261 N.C. 371, 1964 N.C. LEXIS 467 (N.C. 1964).

Opinion

Per Curiam.

The defendants assign as error the refusal of the court below to sustain their motion for judgment as of nonsuit at the close of plaintiff’s evidence and when renewed at the close of all the evidence.

On a motion for nonsuit the evidence of the plaintiff must be taken as true and considered in the light most favorable to her. When the evidence of the plaintiff is so considered, we hold that it was sufficient to take the case to the jury. Mills v. Lynch, 259 N.C. 359, 130 S.E. 2d 541.

Since the case was one for the twelve, and no prejudicial error appears on the record, the ruling of the court below will be upheld.

Affirmed.

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Related

Boyd Ex Rel. Deane v. Blake
159 S.E.2d 256 (Court of Appeals of North Carolina, 1968)
Waycaster v. Sparks
147 S.E.2d 535 (Supreme Court of North Carolina, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
134 S.E.2d 651, 261 N.C. 371, 1964 N.C. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-roach-nc-1964.