Moore Ex Rel. Moore v. Moore

This appeal presents the question of law whether the plaintiff offered evidence sufficient to permit the jury to find (1) the defendant was guilty of the act of negligence alleged in the complaint; and, if so, (2) whether such act proximately caused the plaintiff’s injury. In such cases the evidence is sufficient if, upon its fair and reasonable consideration, it permits the jury to make the required findings. Davis v. Parnell, 260 N.C. 622, 133 S.E. 2d 169; Griffin v. Blankenship, 248 N.C. 81, 102 S.E. 2d 451. The proof may be by evidence, direct, circumstantial, or a combination of both.…