Kennedy v. . Smith

Devin, I.

Tbe determinative question presented here is whether there was any evidence of contributory negligence on tbe part of tbe plaintiff. Tbe court below, being of opinion there was no such evidence, instructed tbe jury to answer that issue “no.”

Tbe material evidence on tbis point came from tbe plaintiff. He testified be was driving west on Thomas Street in Rocky Mount at tbe rate of 25 miles per hour, and that defendant’s truck was proceeding north on Howell Street; that as be approached tbe intersection, be met a car traveling east on Thomas Street and at same time be saw tbe lights of…