REGISTER v. GIBBS

No. 235.

64 S.E.2d 280 (1951)

233 N.C. 456

REGISTER v. GIBBS et al.

Supreme Court of North Carolina.

April 11, 1951.


Attorney(s) appearing for the Case

J. R. Barefoot, Benson, and Everette L. Doffermyre, Dunn, for plaintiff, appellee.

Neill McK. Salmon, Lillington, for defendants, appellants.


ERVIN, Justice.

The assignments of error raise this single issue: Did the trial court err in refusing to dismiss the action upon a compulsory nonsuit after all the evidence on both sides was in?

The plaintiff contends that this inquiry should be answered in the negative upon the authority of the decisions defining the duty of a motorist to exercise due care to avoid injuring children whom he sees, or by the exertion of reasonable care could see, on or near...

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