Helms v. Rea

SHARP, Justice.

This appeal presents a two-fold question: (1) Did Judge McLean err in granting plaintiff’s motion to dismiss defendant’s counterclaim [made under G.S. 1A-1, Rule 41(b) and (c)] on the ground that there was no evidence tending to show that plaintiff was the operator of the automobile at the time of the accident in suit; and (2) if so, since this was a nonjury case, was this error of law cured by the judge’s subsequent finding in his judgment on the merits that Miss Rea was the operator of the vehicle and plaintiff the passenger? This question requires us to marshal the evidence,…