Naylor v. Naylor

BRITT, Judge.

Plaintiff’s sole assignment of error is that the trial court erred in directing a verdict for defendant at the close of plaintiff’s evidence; she contends that her evidence did not show her to be contributorily negligent as a matter of law. We agree with this contention.

On appeal from the granting of a motion for directed verdict under Rule 50(a) of the Rules of Oivil Procedure, we must determine the sufficiency of plaintiff’s evidence guided by the same principles applicable in determining the sufficiency of evidence to withstand the former motion for nonsuit under G.S. 1-183.…