Snellings v. Roberts

BRITT, Judge.

Did the court err in entering judgment notwithstanding the verdict pursuant to G.S. 1A-1, Rule 50? We hold that it did.

In determining the sufficiency of the evidence upon a motion for judgment notwithstanding the verdict, we are guided by the same principles that prevailed under our former procedure with respect to the sufficiency of evidence to withstand a motion for nonsuit under now repealed G.S. 1-183. Musgrave v. Savings & Loan Assoc., 8 N.C. App. 385, 174 S.E. 2d 820 (1970). The same test is to be applied on a motion under Rule 50 (b) (1) for judgment notwithstanding the…