Doss Ex Rel. Doss v. Sewell

The defendants’ first assignment of error is addressed to the court’s refusal to grant their motion for nonsuit at the close of the plaintiff’s evidence. The assignment requires us to determine whether the evidence, and the legitimate inferences from it, together with admissions in the pleadings, are sufficient to support a finding the plaintiff’s injuries resulted from the defendants’ gross negligence.

The accident occurred in Virginia. Liability, or lack of it, must be determined according to the substantive law of that State. Morse v. Walker, 229 N.C. 778, 51 S.E. 2d 496; Wise v. Hollowell,…