{
  "id": 8554681,
  "name": "MARY W. LINEBACK, Administratrix of the Estate of JAMES CHARLIE CARR, JR., Deceased v. HAZEL DORA WOOD",
  "name_abbreviation": "Lineback v. Wood",
  "decision_date": "1969-04-30",
  "docket_number": "No. 6925SC219",
  "first_page": "512",
  "last_page": "513",
  "citations": [
    {
      "type": "official",
      "cite": "4 N.C. App. 512"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "3 N.C. App. 567",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8555888
      ],
      "year": 1969,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/3/0567-01"
      ]
    },
    {
      "cite": "156 S.E. 2d 225",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1969,
      "opinion_index": 0
    },
    {
      "cite": "271 N.C. 301",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8563667
      ],
      "year": 1969,
      "opinion_index": 0,
      "case_paths": [
        "/nc/271/0301-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "3473363a439d18262024870ab0b682b03e9c30b28da46ee5720530f74585080c",
    "simhash": "1:ed2a20300c591928",
    "word_count": 421
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  "last_updated": "2023-07-14T18:50:38.610889+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Campbell and MoRRis, JJ., concur."
    ],
    "parties": [
      "MARY W. LINEBACK, Administratrix of the Estate of JAMES CHARLIE CARR, JR., Deceased v. HAZEL DORA WOOD"
    ],
    "opinions": [
      {
        "text": "Brock, J.\nThis appeal presents no novel or new question; it presents only the question of whether plaintiff\u2019s evidence is sufficient to survive the motion for nonsuit. The plaintiff\u2019s evidence in this Record on Appeal is conflicting and inconsistent upon the question of how the accident occurred; however, it is for the jury, not the court, to determine the weight and credit to be given the testimony of the witness and to resolve the conflicts and inconsistencies in the evidence. Brinkley v. Insurance Co., 271 N.C. 301, 156 S.E. 2d 225; Tindle v. Denny, 3 N.C. App. 567 (filed 5 February 1969). When viewed in the light of the well established rule that on a motion to nonsuit, the plaintiff\u2019s evidence is to be taken as true and be considered in the light most favorable to the plaintiff, Brinkley v. Insurance Co., supra, we hold that plaintiff\u2019s evidence, as disclosed by this Record on Appeal, was sufficient to withstand defendant\u2019s motion. It follows that we disagree with the trial judge upon this question, and that a new trial must be ordered.\nNew trial.\nCampbell and MoRRis, JJ., concur.",
        "type": "majority",
        "author": "Brock, J."
      }
    ],
    "attorneys": [
      "Smathers \u25a0& Ferrell, by Forrest A. Ferrell, for plaintiff appellant. Townsend & Todd, by J. R. Todd, Jr., for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "MARY W. LINEBACK, Administratrix of the Estate of JAMES CHARLIE CARR, JR., Deceased v. HAZEL DORA WOOD\nNo. 6925SC219\n(Filed 30 April 1969)\n1. Trial \u00a7 18\u2014 role of jury \u2014 weight and credit of evidence\nIt is for the jury, not the court, to determine the weight and credit to be given the testimony of the witnesses and to resolve the conflicts and inconsistencies in the evidence.\n2. Appeal and Error \u00a7 59\u2014 review of judgment of involuntary nonsuit\nOn appeal from entry of judgment of involuntary nonsuit, plaintiff\u2019s evidence is to be taken as true and considered in the light most favorable to plaintiff; where plaintiff\u2019s evidence as disclosed by the record on appeal was sufficient to withstand defendant\u2019s motion, a new trial must be ordered.\nAppeal by plaintiff from Bryson, J., 20 January 1969 Session, Caldwell Superior Court.\nPlaintiff brings this action for the wrongful death of her intestate, a nine-year-old male child. Plaintiff alleges that the death of the intestate was the proximate result of the negligent operation of a motor vehicle by the defendant on 18 January 1966.\nAt the close of the plaintiff\u2019s evidence, the trial judge, upon motion of the defendant, entered a judgment of involuntary nonsuit. Plaintiff appealed, assigning as error the entry of judgment of non-suit.\nSmathers \u25a0& Ferrell, by Forrest A. Ferrell, for plaintiff appellant. Townsend & Todd, by J. R. Todd, Jr., for defendant appellee."
  },
  "file_name": "0512-01",
  "first_page_order": 532,
  "last_page_order": 533
}