DUNN v. HERRING

No. 834SC416.

313 S.E.2d 22 (1984)

Joyce Elaine DUNN v. David Scott HERRING and George Dillon Smith.

Court of Appeals of North Carolina.

March 20, 1984.


Attorney(s) appearing for the Case

Thompson & Ludlum by E.C. Thompson, III, Warsaw, for plaintiff-appellant.

White, Allen, Hooten, Hodges & Hines by John R. Hooten, Kinston, for defendants-appellees.


VAUGHN, Chief Judge.

The test for directing a verdict for a defendant on the ground of contributory negligence is easily stated. Such a motion should only be granted when "the evidence, when considered in the light most favorable to plaintiff, establishes plaintiff's contributory negligence so clearly that no other reasonable inference or conclusion may be drawn therefrom." Meeks v. Atkeson, 7 N.C. App. 631, 636,

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