COX v. GALLAMORE

No. 30.

148 S.E.2d 616 (1966)

267 N.C. 537

Larue B. COX, Administrator of the Estate of Janet Gail Cox, Deceased, v. Lloyd D. GALLAMORE, Jr., and Norfolk Southern Railway Company.

Supreme Court of North Carolina.

June 16, 1966.


Attorney(s) appearing for the Case

J. W. Clontz, High Point, and Wilton F. Walker, Currituck, for plaintiff appellant.

J. Kenyon Wilson, Jr., and John H. Hall, Elizabeth City, for defendant Railroad, appellee.

Leroy, Wells & Shaw, Elizabeth City, for defendant Gallamore, appellee.


LAKE, Justice.

In passing upon the motion for judgment of nonsuit, the evidence of the plaintiff must be taken as true and must be interpreted in the light most favorable to the plaintiff. All reasonable inferences favorable to him must be drawn therefrom. Contradictions or inconsistencies, if any, in his evidence must be resolved in his favor.

The judgment of nonsuit could be affirmed on the ground of contributory negligence by the plaintiff's intestate only...

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