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Chappell v. Dean

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eBook details

  • Title: Chappell v. Dean
  • Author : Supreme Court of North Carolina
  • Release Date : January 11, 1963
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

There was no error in the denial of the motions of the defendants Cauthen, at the conclusion of all the evidence, for a directed verdict in their favor on Issues 2 and 5. The question raised by such a motion is whether there is evidence sufficient to go to the jury. This is substantially the same question as that formerly presented by a motion for judgment of involuntary nonsuit. Younts v. Insurance Co., 281 N.C. 582, 189 S.E.2d 137; Investment Properties v. Allen, 281 N.C. 174, 188 S.E.2d 441; Cutts v. Casey, 278 N.C. 390, 180 S.E.2d 297; Kelly v. Harvester Co., 278 N.C. 153, 179 S.E.2d 396. In passing upon such a motion, the court must consider the evidence in the light most favorable to the non-movant. Investment Properties v. Allen, supra. That is, the evidence in favor of the non-movant must be deemed true, all conflicts in the evidence must be resolved in his favor and he is entitled to the benefit of every inference reasonably to be drawn in his favor. Younts v. Insurance Co., supra; Investment Properties v. Allen, supra; Adler v. Insurance Co., 280 N.C. 146, 185 S.E.2d 144; Phillips Supplement to McIntosh, North Carolina Practice and Procedure, 2d Ed., § 1488.15(1)(2).


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