Dillon v. City of Winston-Salem

While there are other assignments of error on this appeal, only that which challenges the correctness of the judgment as of nonsuit requires consideration. And, as to that, we agree with lower court.

If it be conceded that there is sufficient evidence, as against either or both defendants, to require the submission of an issue or issues of negligence) we are of opinion that the evidence, offered by plaintiff, clearly establishes that the driver, in the operation of the automobile in which intestate was riding when fatally injured, is, upon his own statement, guilty of negligence, which, as a…