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HARRIS v. WRIGHT

No. 458.

151 S.E.2d 563 (1966)

268 N.C. 654

Robert Lee HARRIS and Ernest A. Turner, Admrs. of the Estate of Emmit Alston, Jr. v. Robert WRIGHT and John Calvin Upchurch.

Supreme Court of North Carolina.

December 14, 1966.

Attorney(s) appearing for the Case

Clayton & Ballance, Warrenton, and Mitchell & Murphy, Raleigh, for plaintiffs.

Teague, Johnson & Patterson and Joseph E. Johnson, Raleigh, for defendants.

BRANCH, Justice.

The motion for judgment as of nonsuit could not have been allowed on the basis of contributory negligence on the part of plaintiffs' intestate, since a nine-year-old boy is rebuttably presumed incapable of contributory negligence. Hamilton v. McCash, 257 N.C. 611, 127 S.E.2d 214. Therefore, we must determine if there was sufficient evidence...

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