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PEARCE v. SO. BELL TEL. & TEL. CO.

No. 785SC455.

254 S.E.2d 243 (1979)

41 N.C. App. 62

Paul H. PEARCE v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY and John C. Ward, trading and doing business as John's Phone Booth Service Company.

Court of Appeals of North Carolina.

May 1, 1979.

Attorney(s) appearing for the Case

Brown & Culbreth, by Stephen E. Culbreth, Wilmington, for plaintiff appellant.

Stevens, McGee, Morgan & Lennon, by Karl W. McGee and Henry V. Ward, Jr., Wilmington, for defendant Southern Bell Tel. & Tel. Co., appellant, and defendant John C. Ward, appellee.

ERWIN, Judge.

Plaintiff's Appeal

Plaintiff's appeal presents one assignment of error: "Did the Court err in granting a directed verdict as to the defendant, John C. Ward, trading and doing business as, John's Phone Booth Service Company, at the close of all the evidence?" We answer, "Yes," and reverse the judgment entered.

On a motion by a defendant for a directed verdict under G.S. 1A-1, Rule 50(a), of the Rules of Civil Procedure, the court...

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