Smith v. Price

EAGLES, Judge.

I

In his first assignment of error, defendant contends that the trial court should not have entertained plaintiffs motion for judgment n.o.v. because plaintiff had not made the prerequisite motion for directed verdict in accordance with the North Carolina Rules of Civil Procedure. G.S. 1A-1, Rule 50. Defendant correctly notes that a directed verdict made at the close of the evidence is an absolute prerequisite to a motion for judgment n.o.v. Gibbs v. Duke, 32 N.C. App. 439, 232 S.E. 2d 489, disc. rev. denied, 292 N.C. 640, 235 S.E. 2d 61 (1977); Glen Forest Co. v. Bensch, 9 N.C.…