Register v. Gibbs

The assignments of error raise this single issue: Did the trial court err in refusing to dismiss the action upon a compulsory non-suit after all the evidence on both sides was in?

The plaintiff contends that this inquiry should be answered in the negative upon the authority of the decisions defining the duty of a motorist to exercise due care to avoid injuring children whom he sees, or by the exertion of reasonable care could see, on or near the highway. Hughes v. Thayer, 229 N.C. 773, 51 S.E. 2d 488; Sparks v. Willis, 228 N.C. 25, 44 S.E. 2d 343; Yokeley v. Kearns, 223 N.C. 196, 25 S.E. 2d…