McNeely v. SOUTHERN RAILWAY COMPANY

MORRIS, Judge.

The sole question for consideration is the propriety of the trial judge’s allowing defendant’s motion to dismiss under G.S. 1A-1, Rule 41(b). Appellant states in his brief that he presented ample evidence for his case to go to the fury. This case was, however, tried without a jury. Since the enactment of the new Rules of Civil Procedure in 1970, this Court has repeatedly distinguished between the motion for directed verdict under Rule 50 and the motion for involuntary dismissal under Rule 41(b). The former is proper when the case is tried before a jury, and the latter is…