Price v. Miller

This appeal raises two questions. (1) Did plaintiff offer sufficient evidence of actionable negligence on the part of defendant to carry the case to the jury? (2) If so, does plaintiff’s evidence establish contributory negligence as a matter of law?

“In passing on a motion for a judgment of involuntary non-suit, we are required to take plaintiff’s evidence as true, and to consider it in the light most favorable to him, and to give him the benefit of every reasonable inference to be drawn therefrom. . . .” Jenkins v. Electric Co., 254 N.C. 553, 119 S.E. 2d 767.

In the case of Williams v.…