HALES v. FLOWERS

No. 695DC495.

171 S.E.2d 113 (1969)

7 N.C. App. 46

Harvey Daniel HALES v. Willie L. FLOWERS.

Court of Appeals of North Carolina.

December 15, 1969.


Attorney(s) appearing for the Case

W. G. Smith and Jerry L. Spivey, Wilmington, for plaintiff appellant.

John F. Crossley, Wilmington, for defendant appellee.


BRITT, Judge.

The sole question presented by this appeal is: Did the trial court err in allowing defendant's motion for judgment of nonsuit on the ground that the operator of plaintiff's automobile was contributorily negligent as a matter of law? We answer in the affirmative.

It is well established in this jurisdiction that a motion for nonsuit may not be allowed on the ground of contributory negligence unless the plaintiff's own evidence establishes such...

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