McNEELY v. SOUTHERN RAILWAY COMPANY

No. 7319SC567.

199 S.E.2d 164 (1973)

19 N.C. App. 502

Garling J. McNEELY v. SOUTHERN RAILWAY COMPANY.

Court of Appeals of North Carolina.

Certiorari Denied December 4, 1973.


Attorney(s) appearing for the Case

Robert M. Davis, Salisbury, for plaintiff appellant.

Stahle Linn, Jr., and Max Busby, Salisbury, for defendant appellee.


Certiorari Denied by Supreme Court December 4, 1973.

MORRIS, Judge.

The sole question for consideration is the propriety of the trial judge's allowing defendant's motion to dismiss under G.S. § 1A-1, Rule 41(b). Appellant states in his brief that he presented ample evidence for his case to go to the jury. This case was, however, tried without a jury. Since the enactment of the new Rules of Civil Procedure in 1970, this Court has repeatedly distinguished...

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