Van Dyke v. . Atlantic Greyhound Corp.

DeviN, ,J.

The principal question presented by this appeal is addressed to the correctness of the ruling of the court below in allowing the motion .for judgment of nonsuit. This renders it necessary to examine the evidence upon which plaintiff’s asserted right to maintain his action depends, and to consider this evidence in the light most favorable for him.

Plaintiff’s intestate, a boy 14 years of age, on the morning of 25 August, 1939, was riding a bicycle on the highway near the corporate limits of the city of Henderson, proceeding eastwardly on the Louisburg Road. The day was clear and the…