Caudill v. NATIONWIDE MUT. INS. CO. OF COLUMBUS, OHIO

Defendant’s one assignment of error made in compliance with the rules of this Court, Steelman v. Benfield, 228 N.C. 651, 46 S.E. 2d 829, raises the question of the sufficiency of the evidence to withstand the motion for nonsuit. To recover under the contract of insurance upon which she sues, plaintiff must offer evidence from which the jury could find: (1) that the operator of a hit-and-run automobile, as defined by paragraph 11(d) of Endorsement #644, caused bodily injury which resulted in her intestate’s death; (2) that plaintiff, as intestate’s personal representative, is legally entitled…