JOHNS v. DAY

No. 170.

127 S.E.2d 543 (1962)

257 N.C. 751

Ronnie Ray JOHNS, by his Next Friend, Ralph E. Earney v. Ransom J. DAY.

Supreme Court of North Carolina.

October 10, 1962.


Attorney(s) appearing for the Case

Childers & Fowler, Mt. Holly, for appellant.

Hollowell & Stott, Gastonia, for appellee.


DENNY, Chief Justice.

The sole question presented for decision on this appeal is whether or not the trial judge committed error in sustaining the defendant's motion for judgment as of nonsuit at the close of plaintiff's evidence.

The evidence tends to show that while the defendant did not see the plaintiff before the left front wheel of his car had passed over the legs of plaintiff, the evidence further tends to show that the plaintiff, a child six years of...

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