Miller v. Enzor

GRAHAM, Judge.

The evidence offered by plaintiff is conflicting in many respects. However, on a motion by a defendant for a directed verdict, the plaintiff’s evidence must be taken in the light most favorable to him and he is entitled to the benefit of all reasonable inferences which may be drawn therefrom. Dawson v. Jennette, 278 N.C. 438, 180 S.E. 2d 121; Bowen v. Gardner, 275 N.C. 363, 168 S.E. 2d 47.

The testimony of David Earl Simmons, when considered in the light most favorable to the plaintiff, tends to show the following: At about dusk on the afternoon of 5 April 1969, Simmons,…