City of Winston-Salem v. Rice

BRITT, Judge.

Plaintiff contends that the trial judge erred in entering judgment for defendant notwithstanding the jury verdict for plaintiff on the ground that plaintiff was contributorily negligent as a matter of law. As to this contention we agree with plaintiff.

It is established that a motion for a directed verdict or judgment n.o.v. presents substantially the same question as that presented by a motion for nonsuit under former G.S. 1-183. Kelly v. International Harvester Co., 278 N.C. 153, 179 S.E. 2d 396 (1971); Sadler v. Purser, 12 N.C. App. 206, 182 S.E. 2d 850 (1971). Therefore, the…