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POLLOCK v. SOUND CHEVROLET CO.

No. 68SC78.

161 S.E.2d 642 (1968)

1 N.C. App. 377

Minnie P. POLLOCK v. SOUND CHEVROLET CO., Inc., and McLean Trucking Company.

Court of Appeals of North Carolina.

June 12, 1968.

Attorney(s) appearing for the Case

Wheatly & Bennett, by C. R. Wheatly, Jr., Beaufort, for plaintiff appellant.

Barden, Stith, McCotter & Sugg, by L. A. Stith, New Bern, for defendant appellee Sound Chevrolet Co., Inc.

Spry, Hamrick & Doughton, Winston-Salem, by Harvey Hamilton, Jr., Morehead City, Hamilton, Boshamer & Graham, Morehead City, Edmund I. Adams, Winston-Salem, for defendant appellee McLean Trucking Company.

MALLARD, Chief Judge.

Plaintiff's only assignment of error is that the court erred in allowing defendants' motion for nonsuit at the conclusion of plaintiff's evidence.

This involves two questions. Was there sufficient evidence favorable to plaintiff to go to the jury? If so, was the plaintiff guilty of contributory negligence as a matter of law? We hold that the answer to the first question is "yes," and the answer...

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