CARRIGAN v. DOVER

No. 255.

110 S.E.2d 825 (1959)

251 N.C. 97

Edwin W. CARRIGAN, Plaintiff, v. John Charles DOVER and Paul L. Yount, trading under the name and style of Yount Reep Motor Co., Defendants.

Supreme Court of North Carolina.

November 4, 1959.


Attorney(s) appearing for the Case

Bailey & Booe, Charlotte, for plaintiff, appellee.

Kennedy, Covington, Lobdell & Hickman, Charlotte, for defendants, appellants.


PARKER, Justice.

Plaintiff and defendants offered evidence. Defendants assign as error the denial by the trial court of their motion for judgment of nonsuit made at the close of all the evidence. Defendants' contention in their brief on this assignment of error is that plaintiff was guilty of contributory negligence as a matter of law.

Plaintiff's evidence shows the following facts:

About 3:00 a. m. on January 26, 1958 plaintiff was driving a 1956...

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