Rouse v. Peterson

Defendants assign as error the denial of their motion for judgment of compulsory nonsuit made at the close of all the evidence. They contend their motion should have been allowed for the reason that plaintiff was guilty of contributory negligence as a matter of law. It is manifest that plaintiff’s evidence is sufficient to show that defendants were negligent and that their negligence proximately caused plaintiff’s injuries.

The term “contributory negligence” ex vi termini implies, or presupposes negligence on the part of the defendant. Owens v. Kelly, 240 N.C. 770, 84 S.E. 2d 163. Contributory…