McWilliams v. Parham

The sole question presented for decision on this appeal is: Did the trial court err in granting defendant’s motion for involuntary nonsuit at the close of all the evidence? This single question presents for consideration whether there was evidence of actionable negligence on the part of defendant and whether as a matter of law plaintiff was contributorily negligent.

This case has previously been before this Court on appeal from an order denying plaintiff’s motion to strike the entire second and third further answers of defendant, and is reported in 269 N.C. 162, 152 S.E. 2d 117.

The duty that…