Vance Trucking Co., Inc. v. Phillips

HILL, Judge.

“A motion for a directed verdict raises the question as to whether there is sufficient evidence to go to the jury.” Shuford, N.C. Civil Practice and Procedure § 50-5, p. 410. “The plaintiff’s evidence must be taken as true and be considered in the light most favorable to him. ... All conflicts in the evidence must be resolved in the plaintiff’s favor and ... [contradictions, conflicts and inconsistencies which appear in the evidence are to be resolved in the plaintiff’s favor.” Id. “Acts of contributory negligence not alleged in the answer should be ignored.” Bowen v. Gardner, 275…