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HOWELL v. LAWLESS

No. 390.

133 S.E.2d 508 (1963)

260 N.C. 670

Thomas H. HOWELL, Jr., by his Next Friend, G. Ray Motsinger, v. Erskine T. LAWLESS, and John T. Thacker, Guardian of Erksine T. Lawless.

Supreme Court of North Carolina.

December 11, 1963.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., Winston-Salem, for plaintiff appellee.

Deal, Hutchins & Minor, Winston-Salem, for defendant appellant.

SHARP, Justice.

The determinative question on this appeal is whether plaintiff's evidence, considered in the light most favorable to the defendant, contains any inference that the plaintiff himself was guilty of contributory negligence. Wilson v. Camp, 249 N.C. 754, 107 S.E.2d 743. If there is more than a scintilla of such evidence, it is a matter for the jury. Absher v. City of Raleigh, 211 N.C....

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