Court of Appeals of North Carolina May 27, 1970, No. 707SC96 (Brown v. Weaver)

MORRIS, J.

Plaintiff’s only assignment of error is bottomed on whether the granting of defendant’s motion for nonsuit and the subsequent dismissal of plaintiff’s suit was error. In Bowen v. Gardner, 275 N.C. 363, 168 S.E. 2d 47 (1969), the Court presents five rules to be followed when a motion for nonsuit is being considered. They are:

“1.