Schwingle v. . Kellenberger

At the close of plaintiff’s evidence the defendants made a motion for judgment as in case of nonsuit. C. S., 567. The court below overruled this motion. At the conclusion of all the evidence the defendants renewed their motion, which the court below sustained. In this we can see no error.

Speaking to the subject of the duty imposed upon owners to invitees, in Sams v. Hotel Raleigh, 205 N. C., 758 (760), it is written: “In order to establish a breach of duty so imposed the injured party must offer evidence tending to show (a) defective or negligent construction or maintenance; (b) express or…