#### FRED ALEXANDER THOMPSON v. JAMES ALEX BOLES and ALITA REE BOLES

No. 7421SC164

(Filed 6 March 1974)

Automobiles § 50— insufficiency of evidence of negligence

Plaintiff’s evidence was insufficient to permit a jury to find that the collision between his motorcycle and defendants’ car occurred from any negligence on the part of defendants.

Appeal by plaintiff from Armstrong, Judge, 15 October 1973 Session of Superior Court held in Forsyth County.

Action for damages arising from a collision between plaintiff’s motorcycle and defendants’ automobile. At the close of plaintiff’s evidence the court allowed defendants’ motion for a directed verdict and plaintiff appealed.

Richard Tyndall and Walter W. Pitt, Jr. for plaintiff appellant.

W. F. Maready for defendant appellees.

PARKER, Judge.

Plaintiff was the only witness to testify concerning the collision. From his testimony it is impossible to determine what occurred. Even resolving all discrepancies in his favor and giving him the benefit of all favorable inferences, his testimony was insufficient to permit a jury to find that the collision occurred from any negligence on the part of defendants.

Affirmed.

Judges Britt and Vaughn concur.