Hunt v. Montgomery Ward and Co., Inc.

WHICHARD, Judge.

Defendant assigns error to the trial court’s denial of its motions for directed verdict at the conclusion of plaintiffs evidence and at the conclusion of all the evidence, and the denial of its motion for judgment notwithstanding the verdict. Defendant contends the plaintiff has shown no evidence of actionable negligence on defendant’s part; and that if actionable negligence was shown, by his own evidence plaintiff established his decedent’s contributory negligence as a matter of law.

A motion for directed verdict under Rule 50(a) of the North Carolina Rules of Civil Procedure,…