WILSON v. J. W. DUNN COMPANY

No. 67SC23.

159 S.E.2d 373 (1968)

1 N.C. App. 65

Rotha Merrit WILSON, Jr. v. J. W. DUNN COMPANY. Connie Marie WILSON, by her Next Friend, Rotha Merrit Wilson, Jr., v. J. W. DUNN COMPANY.

Court of Appeals of North Carolina.

February 28, 1968.


Attorney(s) appearing for the Case

Walser, Brinkley, Walser, & McGirt, by Walter F. Brinkley, Lexington, for defendant appellant.

Jack E. Klass, Lexington, and Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by W. F. Maready, Winston-Salem, for plaintiffs appellees.


PARKER, Justice.

Defendant in its brief and argument on this appeal has apparently conceded, and we agree, that there was sufficient evidence of negligence on the part of the driver of defendant's dump truck to take that issue to the jury. Defendant contends, however, that its motion for nonsuit should have been allowed on the grounds that the plaintiff, Connie Marie Wilson, was guilty of contributory negligence as a matter of law and this contention is the sole question...

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