Blanton v. Lawing, 216 N.C. 794 (1939)

Sept. 27, 1939 · Supreme Court of North Carolina

216 N.C. 794

HENRY BLANTON v. S. L. LAWING.

(Filed 27 September, 1939.)

Appeal by plaintiff from Johnston, Special Judge, at June Term,, 1939, of Rutherford.

Hamrick & Hamrick and Paul Boucher for plaintiff, appellant.

Stover P. Dunagan and Woodrow W. Jones for defendant, appellee.

Per Curiam.

This was an action to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. When the plaintiff had introduced his evidence and rested his case the court allowed defendant’s motion for judgment as in ease of nonsuit. C. S., 567. We concur in the ruling of the court upon the theory that there was no evidence of actionable negligence.

Affirmed.