RAPER v. BYRUM

No. 32.

144 S.E.2d 38 (1965)

265 N.C. 269

Curtis Bradley RAPER, Administrator of Curtis Bradley Raper, Jr., v. Clarence C. BYRUM and James Clarence Byrum, and Clarence C. Byrum, Guardian Ad Litem of Defendant, James Clarence Byrum, a Minor.

Supreme Court of North Carolina.

September 22, 1965.


Attorney(s) appearing for the Case

John H. Hall, Elizabeth City, for plaintiff appellant.

LeRoy, Wells & Shaw, Elizabeth City, for defendant appellees.


LAKE, Justice.

Since the burden of proof on the issue of contributory negligence is upon the defendants, a motion for judgment of involuntary nonsuit upon that ground should be allowed only when the plaintiff's evidence, considered alone and taken in the light most favorable to him, together with all inferences favorable to him which may reasonably be drawn therefrom, so clearly establishes the defense that no other conclusion can reasonably be drawn. Cowan v. Murrows...

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