LYERLY v. GRIFFIN

No. 523.

75 S.E.2d 730 (1953)

237 N.C. 686

LYERLY v. GRIFFIN et al.

Supreme Court of North Carolina.

May 6, 1953.


Attorney(s) appearing for the Case

Frank W. Orr, J. C. Sedberry, B. Irwin Boyle, Charlotte, for plaintiff-appellant.

Kennedy & Kennedy, Charles E. Knox, O. W. Clayton, Charlotte, for defendants-appellees.


DEVIN, Chief Justice.

Admittedly there was evidence of negligence on the part of the driver of defendants' truck. Hence the determination of the propriety of the nonsuit must depend on whether from plaintiff's own testimony contributory negligence on his part was affirmatively established, sufficient to bar his recovery.

According to plaintiff's testimony, on the morning of November 10, 1951, he was driving his automobile...

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