Pegram v. Town of Canton

• Decision Date: 02 June 1920
• Docket Number: 589.
• Citation: 103 S.E. 371,179 N.C. 700
• Parties: PEGRAM v. TOWN OF CANTON.
• Court: North Carolina Supreme Court

103 S.E. 371

179 N.C. 700

PEGRAM v. TOWN OF CANTON.

No. 589.

Supreme Court of North Carolina

June 2, 1920

Appeal from Superior Court, Haywood County; Ray, Judge.

Action by Mary Lucia Pegram against the Town of Canton. From a judgment of nonsuit, plaintiff appeals. Affirmed.

Where there is not enough evidence to take case to the jury, it will not be decided whether defendant would be liable to plaintiff if allegations of complaint had been established.

Craig & Craig and Marcus Erwin, all of Asheville, for appellant.

Felix E. Alley, of Waynesville, J. Bat Smathers, of Canton, and Martin, Rollins & Wright, of Asheville, for appellee.

PER CURIAM.

It is unnecessary to discuss or decide the question as to whether or not the defendant would be liable to the plaintiff if the allegations of the complaint had been established. The court is unanimously of the opinion that there is not sufficient evidence to be submitted to the jury to establish the allegations of fact set out in the complaint, and that the motion to nonsuit was properly allowed.

Affirmed.