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GIBSON v. WHITTON

No. 531.

79 S.E.2d 196 (1953)

239 N.C. 11

GIBSON v. WHITTON.

Supreme Court of North Carolina.

December 16, 1953.

Attorney(s) appearing for the Case

Helms & Mulliss, John D. Hicks, and Cochran McCleneghan & Miller, Charlotte, for defendant-appellant.

Francis H. Fairley, William H. Booe, and Robinson & Jones, Charlotte, for plaintiff-appellee.

JOHNSON, Justice.

The defendant urges that his motion for judgment as of nonsuit should have been allowed upon the ground that the plaintiff's evidence establishes contributory negligence as a matter of law.

Contributory negligence is an affirmative defense which must be pleaded and proved. G.S. § 1-139. Even so, nonsuit is proper when the plaintiff's own evidence establishes this defense, Bundy v. Powell, 229...

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