Woodward v. Cloer

JOHNSON, Judge.

The question dispositive of this appeal is whether the trial court erred in applying the reasonable use test of Pendergrast v. Aiken, 293 N.C. 201, 236 S.E. 2d 787 (1977) to the case under discussion. We conclude that application of the Pendergrast rule was error and therefore remand the case to the trial court so that the evidence of the parties may be considered in its true legal light. See A.M.E. Zion Church v. Union Chapel A.M.E. Zion Church, 64 N.C. App. 391, 308 S.E. 2d 73 (1983), disc. rev. denied, 310 N.C. 308, 312 S.E. 2d 649 (1984) (bench trial; new trial appropriate…