Legal Opinion

Cook v. Export Leaf Tobacco Co.

Court of Appeals of North Carolina

Decided December 16, 1980No. 807SC429PublishedCited by 11 opinions

1Opinion of the Court

HILL, Judge.

Plaintiff assigns as error the trial judge’s action allowing defendant’s motion for a directed verdict.

When a motion for a directed verdict is made under Rule 50, the trial judge must determine whether the evidence taken in the light most favorable to the plaintiff and giving him the benefit of every reasonable inference which can be drawn therefrom, was sufficient to withstand defendant’s motion for a directed verdict. In ruling on a motion for a directed verdict, the court must resolve any discrepancies in the evidence in favor of the party against whom the motion is made. See…

2Cases cited5 opinions

  1. Petty v. Cranston Print Works CompanySupreme Court of North Carolina · 1956
  2. Swaney v. Peden Steel CompanySupreme Court of North Carolina · 1963
  3. Jones v. SchafferSupreme Court of North Carolina · 1960
  4. Burgess Ex Rel. Burgess v. MattoxSupreme Court of North Carolina · 1963
  5. Burr v. EverhartSupreme Court of North Carolina · 1957

3Cited by11 opinions

  1. Paris v. MICHAEL KREITZ JR., PACourt of Appeals of North Carolina · 1985
  2. Murphy v. McIntyreCourt of Appeals of North Carolina · 1984
  3. Southern Railway Co. v. O'Boyle Tank Lines, Inc.Court of Appeals of North Carolina · 1984
  4. Smith v. Selco Products, Inc.Court of Appeals of North Carolina · 1989
  5. Morris v. BruneyCourt of Appeals of North Carolina · 1986

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