HILL v. SHANKS

No. 6912SC259.

170 S.E.2d 116 (1969)

6 N.C. App. 255

James A. HILL, Jr. v. Dennis E. SHANKS.

Court of Appeals of North Carolina.

Certiorari Denied December 2, 1969.


Attorney(s) appearing for the Case

McCoy, Weaver, Wiggins, Cleveland & Raper, by L. Stacy Weaver, Jr., Fayetteville, for plaintiff appellant-appellee.

Anderson, Nimocks & Broadfoot, by Henry L. Anderson, Fayetteville, for defendant appellant-appellee.


DEFENDANT'S APPEAL:

FRANK M. PARKER, Judge.

Defendant contends his motions for nonsuit should have been granted on the grounds that, first, no actionable negligence on the part of defendant has been shown by the evidence, and second, even if the evidence should be deemed sufficient for submission to the jury on the question of defendant's negligence, plaintiff's contributory negligence is apparent as a matter of law.

It is elementary that on motion...

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