Cooke v. Cooke

Defendants first, fifth, and sixth assignments of error are that the trial court erred in denying defendants motions for directed verdict and judgment notwithstanding the verdict on plaintiffs negligence claim. Defendant argues that its motion for directed verdict should have been granted because plaintiff did not present any evidence of negligence on the part of defendant. The question raised by defendants motion for directed verdict was whether the evidence, viewed in the light most favorable to plaintiff, and giving plaintiff the benefit of every reasonable inference, was insufficient to justify a verdict for plaintiff. Kelly v. International Harvester Co., 278 N.C. 153, 179 S.E.2d 396 (1971). The test for judgment notwithstanding the verdict is the same as for directed verdict. Dickinson v. Pake, 284 N.C. 576, 201 S.E.2d 897 (1974).