Clark v. Moore

EAGLES, Judge.

Defendants ask us to find that the trial judge erred in denying their motions for directed verdict and in denying their motion for judgment notwithstanding the verdict. Defendants contend that plaintiffs evidence as to defendants’ negligence was not sufficient to submit the case to the jury and that plaintiffs own evidence showed contributory negligence as a matter of law. We do not agree with either contention.

Defendants’ motion for directed verdict under Rule 50(a) of the North Carolina Rules of Civil Procedure and defendants’ motion for judgment notwithstanding the verdict…