Mims v. Dixon

When the case was tried in the District Court, both parties offered evidence. Defendant’s sole assignment of error is that Judge Carr erred in affirming the District Court’s overruling of his motion for judgment of compulsory nonsuit made at the close of all the evidence in the District Court. Defendant contends that the plaintiff has no evidence tending to show negligence on the part of the defendant, but if he has, then plaintiff’s evidence leads to the unescapable conclusion that plaintiff is guilty of contributory negligence.

Plaintiff alleged in substance and offered evidence tending to…