Camby v. Southern Railway Co.

MARTIN (Harry C.), Judge.

The rules of law governing motions for summary judgment are fully stated by Justice Moore in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). It would serve no useful purpose to restate them here.

The trial court found facts in its judgment. This practice is not contemplated in summary judgment proceedings. “ ‘The rule does not contemplate that the court will decide an issue of fact, but rather will determine whether a real issue of fact exists.’ ” Id. at 534, 180 S.E. 2d at 830. The question for the court is whether there is a genuine issue as to any…