Legal Opinion

Spears v. Service Distributing Co.

Court of Appeals of North Carolina

Decided November 6, 1974No. 7429SC651PublishedCited by 2 opinions

1Opinion of the Court

CAMPBELL, Judge.

A motion for a directed verdict for the defendant should be allowed only if the evidence taken as true and considered in the light most favorable to the plaintiff is insufficient to justify a verdict for the plaintiff. Adler v. Insurance Co., 280 N.C. 146, 185 S.E. 2d 144 (1971).

The evidence, when considered in the light most favorable to the plaintiff, establishes the following:

1. The defendant maintained an automobile gas service station, and in connection therewith, and at a distance of some 30 or 40 feet therefrom, the defendant had a series of six stalls where automobiles…

2Cases cited2 opinions

  1. Bowen v. GardnerSupreme Court of North Carolina · 1969
  2. Adler v. Lumber Mutual Fire Insurance CompanySupreme Court of North Carolina · 1971

3Cited by2 opinions

  1. Snead v. HollomanCourt of Appeals of North Carolina · 1991
  2. Myrick v. PeedenCourt of Appeals of North Carolina · 1994

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