SCARLETTE v. GRINDSTAFF

No. 377.

128 S.E.2d 221 (1962)

258 N.C. 159

Alice G. SCARLETTE v. Everette GRINDSTAFF, Charles Whitney, and Kenneth Scarlette.

Supreme Court of North Carolina.

November 21, 1962.


Attorney(s) appearing for the Case

W. H. Steed, Thomasville, for plaintiff appellee.

Jordan, Wright, Henson & Nichols, by Charles E. Nichols, and G. Marlin Evans, Greensboro, for defendant Whitney.

Walser & Brinkley, by Walter F. Brinkley, Lexington, for defendant Scarlette.


RODMAN, Justice.

Each defendant assigns a single error—the refusal to allow his motion to nonsuit. Each asserts the evidence is insufficient to establish his negligence. Each asserts the evidence establishes as a matter of law plaintiff's contributory negligence barring recovery.

The evidence would permit a jury to find these facts: The drivers agreed before the towing started that Whitney would warn Scarlette before Whitney reduced his speed. The agreed...

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