Tyson v. . Ford

The question for decision is whether the evidence suffices to carry the cases to the jury in the face of the demurrers. The trial court answered in the negative, and we approve.

Conceding the negligence of the defendants, which is denied in the answer but made manifest on the record, the cases were made to turn in the court below on the contributory negligence of the driver of the Tyson car. Prom his own testimony, it would seem that he was clearly and unmistakably “out-running his headlights” at the time of the collision. Weston v. R. R., 194 N. C., 210, 139 S. E., 237; Allen v. Bottling Co.,…