Legal Opinion

Tucker v. Moorefield

Supreme Court of North Carolina

Decided May 20, 1959No. 243PublishedCited by 18 opinions

1Opinion of the CourtBobbitt, J.

This Court is of opinion that the evidence, when considered in the light most favorable to plaintiff, was sufficient to require submission of the case to the jury. Hence, the assignment of error directed to denial of defendants’ motion for judgment of nonsuit is overruled. Since a new trial is awarded for reasons stated below, we refrain from a discussion of the evidence presently before us. Caudle v. R.R., 242 N.C. 466, 88 S.E. 2d 138. Similarly, when a judgment of nonsuit is reversed, we refrain from stating the evidence. Goldston v. Tool Co., 245 N.C. 226, 228, 95 S.E. 2d 455; Pavone v.…

2Cases cited9 opinions

  1. Price v. GraySupreme Court of North Carolina · 1957
  2. Schmit v. JansenWisconsin Supreme Court · 1945
  3. Caudle v. SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1955
  4. Pavone Ex Rel. Pavone v. MerionSupreme Court of North Carolina · 1955
  5. Connors v. DobbsOhio Court of Appeals · 1945

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3Cited by18 opinions

  1. Norburn v. MacKieSupreme Court of North Carolina · 1964
  2. Weaver v. BennettSupreme Court of North Carolina · 1963
  3. Baker v. MALAN CONSTRUCTION CORPORATIONSupreme Court of North Carolina · 1961
  4. Mason Ex Rel. Mason v. GillikinSupreme Court of North Carolina · 1962
  5. Dawson v. JennetteSupreme Court of North Carolina · 1971

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