Pollock v. Sound Chevrolet Co., Inc.

Mallard, C.J..Plaintiff’s only assignment of-" error is that the court qrred. 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 to the second question is “no.” Montford v. Gilbhaar, 265 N.C. 389, 144 S.E. 2d 31.

The evidence, taken in the light most favorable to the plaintiff, tends to show that on 13 July 1964…