STATE v. ALLEN

No. 6813SC361.

163 S.E.2d 105 (1968)

2 N.C. App. 436

STATE and County of Bladen, North Carolina ex rel. Donald Lee PARKER, Administrator of the Estate of Kathryn Ann Parker, Deceased v. John B. ALLEN, LeRoy Register, Broadus Hester, Charlie Yarborough, and United States Fidelity and Guaranty Company.

Court of Appeals of North Carolina.

Certiorari Denied November 20, 1968.


Attorney(s) appearing for the Case

Aaron Goldberg, Wilmington, and Johnson, McIntyre, Hedgepeth, Biggs & Campbell, by John W. Campbell, Lumberton, for plaintiff appellant.

Hester & Hester, by R. J. Hester, Jr., Giles R. Clark, Elizabethtown, and Henry & Henry, by Ozmer L. Henry, Lumberton, for defendant appellees.


BRITT, Judge.

Among other contentions, appellees strenuously contend that the judgment of involuntary nonsuit was fully justified because of contributory negligence on the part of plaintiff's intestate. We agree with this contention.

A judgment of nonsuit may not be entered in an action for wrongful death on the ground of contributory negligence by the deceased, unless the plaintiff's evidence, considered in the light most favorable to him, established negligence...

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