Court of Appeals of North Carolina, 1972

McArver v. Pound & Moore, Inc.

McArver v. Pound & Moore, Inc.
Court of Appeals of North Carolina · Decided December 20, 1972 · Britt, Brock, Mallard
17 N.C. App. 87; 193 S.E.2d 360; 1972 N.C. App. LEXIS 1570
McArver v. Pound & Moore, Inc.

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Opinion of the Court

BROCK, Judge.

Subsequent to the docketing of the record on appeal, plaintiff and defendant Sarah Wilson Tate entered into a settlement agreement under G.S. IB-4. Therefore, plaintiff asserts only his assignment of error to the entry of judgment in favor of defendant Pound & Moore, Inc.

We hold that plaintiff’s evidence fails to show actionable negligence on the part of Pound & Moore, Inc. The action of the trial court in rendering judgment in favor of Pound & Moore, Inc., notwithstanding the verdict is

Affirmed.

Chief Judge Mallard and Judge Britt concur.

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