Forsyth County v. Shelton

WELLS, Judge.

Defendants first assign error to the denial of their motion for directed verdict, based on the insufficiency of evidence of abandonment. Upon such motion, plaintiffs evidence is taken as true, with all reasonable inferences therefrom, resolving all conflicts and inconsistencies in plaintiffs favor, and disregarding defendants’ evidence unless favorable to plaintiff or tending to clarify plaintiffs case. Koonce v. May, 59 N.C. App. 633, 298 S.E. 2d 69 (1982).

Defendants make two arguments under this assignment. First, they argue that all the evidence showed that the “nature of the…