COLLINS v. CHRISTENBERRY

No. 6925SC525.

170 S.E.2d 515 (1969)

6 N.C. App. 504

Phillip Dean COLLINS v. Charles Walker CHRISTENBERRY.

Court of Appeals of North Carolina.

November 19, 1969.


Attorney(s) appearing for the Case

Byrd, Byrd & Ervin, by Robert B. Byrd and John W. Ervin, Jr., Morganton, for plaintiff appellee.

Smathers & Ferrell, by James C. Smathers, Hickory and Larry W. Pitts, Newton, for defendant appellant.


FRANK M. PARKER, Judge.

On this appeal defendant concedes his own negligence but contends nonsuit should have been allowed on the ground that plaintiff was contributorily negligent as a matter of law. We do not agree.

It is elementary that nonsuit on the ground of plaintiff's contributory negligence is proper only if plaintiff's evidence, considered in the light most favorable to him, so clearly establishes his own negligence as one of the proximate causes...

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