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WALLS v. CITY OF WINSTON-SALEM

No. 452.

141 S.E.2d 277 (1965)

264 N.C. 232

Susie Jane WALLS v. CITY OF WINSTON-SALEM.

Supreme Court of North Carolina.

April 7, 1965.

Attorney(s) appearing for the Case

Clyde C. Randolph, Jr., George E. Clayton, Jr., Winston-Salem, for plaintiff appellant.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, by I. E. Carlyle, and H. Grady Barnhill, Jr., Winston-Salem, for defendant appellee.

PER CURIAM.

The court, sitting in this nonjury case, did not render judgment on the merits; but at the close of plaintiff's evidence entered judgment of nonsuit. The judgment may be sustained only if the evidence is insufficient to make out a case of negligence against the city, or if it discloses that plaintiff's negligence, as a matter of law, caused or contributed to her injury. According to the plaintiff's own evidence, the hole in which she fell had been there...

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