Carteret County General Hospital Corp. v. Manning

HEDRICK, Judge.

This appeal presents for resolution the question of whether the trial court erred in granting defendants’ “motion for non-suit” at the close of plaintiff’s evidence.

“When the new rules of Civil Procedure became effective on 1 January 1970, the word nonsuit was banished from our civil practice. In nonjury trials the motion for nonsuit has been replaced by the motion for a dismissal, G.S. 1A-1, Rule 41(b) .... ” Cutts v. Casey, 278 N.C. 390, 411, 180 S.E. 2d 297, 307 (1971).

Rule 41 (b) in pertinent part provides:

“After the plaintiff, in an action tried by the court without a…