Court of Appeals of North Carolina August 5, 1970, No. 7025SC345 (Gragg v. Burns)

Britt, J.

Defendants assign as error the failure of the trial court to grant their motions to dismiss interposed when plaintiffs first rested and renewed at the conclusion of defendants’ evidence. It will be noted that this action was tried subsequent to 1 January 1970, thereby making it subject to the new Rules of Civil Procedure.