Lewis ex rel. Lewis v. Dove

ERWIN, Judge.

Plaintiff contends that the trial court erred in allowing defendant’s motion for directed verdict, G.S. 1A-1, Rule 50, in that *600the evidence presented by plaintiff was sufficient to take the case to the jury on defendant’s negligence in failing to exercise proper caution upon seeing plaintiff, a minor child, near the highway. We agree with plaintiff.

Our Supreme Court held in Adler v. Insurance Co., 280 N.C. 146, 148, 185 S.E. 2d 144, 146 (1971):

“On defendant’s motion for a directed verdict at close of plaintiff’s evidence in a jury case, as here, the evidence must be taken as true…