Watkins v. City of Raleigh

Taking the evidence shown on this record in the light most favorable to plaintiff, the judgment as- of nonsuit was properly granted.

As in Houston v. Monroe, 213 N. C., 788, 197 S. E., 571, we hold that demurrer to the evidence was sustainable “if not upon the principal question of liability, then upon the ground of contributory negligence.” Burns v. Charlotte, 210 N. C., 48, 185 S. E., 443. A city is not an insurer of the safety of its streets and sidewalks. Fitzgerald v. Concord, 140 N. C., 110, 52 S. E., 309; Oliver v. Raleigh, 212 N. C., 465, 193 S. E., 853; Ferguson v. Asheville, 213 N.…