Electricity 2.3 - city's extension of electricity outside city limits - construction of charter and statute together A provision of the city charter of Fayetteville authorizing the city to extend its electric system and to sell electricity anywhere within Cumberland county must be construed together with G.S. The Court of Appeals erred in reversing the trial court's judgment through a misunderstanding and misapplication of our decision and the law announced by this Court in Domestic Electric. We believe that the Court of Appeals' conclusion and its opinion is inconsistent with these principles. Where, as here, the trial judge's findings are supported by the evidence and those findings in turn support his conclusions of law, they are binding on appeal.The trial judge sits as a trier of the facts and may weigh the evidence, find the facts against the plaintiff and sustain the defendant's motion under section (b) of this rule at the conclusion of the plaintiff's evidence, even though the plaintiff has made out a prima facie case which would have precluded a directed verdict for the defendant in a jury case. In a nonjury case, section (b) of this rule provides a procedure whereby, at the close of plaintiff's evidence, the judge can give judgment against plaintiff not only because his proof has failed in some essential aspect to make but a case but also on the basis of facts as he may then determine them to be from the evidence then before him. A Rule 41 (b) motion challenges the sufficiency of plaintiff's evidence to establish plaintiff's right to relief.The trial court's judgment therefore must be granted the same deference as a Jury verdict. The findings of fact made by the trial judge are conclusive on appeal if supported by competent evidence, even if, arguendo, there is evidence to the contrary. The function of the trial judge as trier of the facts is to evaluate the evidence without any limitation as to inferences favorable to plaintiff.
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