Little v. Poole

GRAHAM, Judge.

We have here the unusual circumstance of a directed verdict having been entered for the plaintiff on the issue of negligence after the jury had returned a verdict answering that very issue in plaintiff’s favor. It is contended that the purpose and intended effect of this procedure was to cure any errors in the judge’s charge to the jury on that issue. We need not consider whether such a procedure is ever proper under Rule 50 (G.S. 1A-1, Rule 50), because here plaintiff was not entitled to a directed verdict, whenever entered, and the court’s judgment to this effect must be…