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SAWYER v. SOUTHERN RY. CO.

No. 28.

66 S.E.2d 639 (1951)

234 N.C. 164

SAWYER v. SOUTHERN RY. CO. et al.

Supreme Court of North Carolina.

September 19, 1951.

Attorney(s) appearing for the Case

W. R. Francis, Waynesville, for plaintiff, appellant.

Joyner & Howison, Raleigh, Jones & Ward, Asheville, for defendants, appellees.

DEVIN, Chief Justice.

It has been repeatedly said by this Court that judgment of involuntary nonsuit may properly be entered when the plaintiff by his own testimony makes out a clear case of contributory negligence, and thus proves himself out of court. Hayes v. Western Union Tel. Co., 211 N.C. 192, 189 S.E. 499; Hampton v. Hawkins, 219 N.C. 205, 13 S.E.2d 227; Barlow v. City Bus Lines, 229 N.C. 382, 49 S.E.2d 793; Howard v. Bingham, 231 N.C. 420

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