Hutchens Ex Rel. Hutchens v. Southard

Vernon Lee Hutchens was thirteen years old, when he was injured on 18 April 1958. This is stated in defendant’s brief: “It is conceded by the defendant that under the law of the State of North Carolina a defendant cannot obtain a nonsuit on the grounds of contributory negligence where the minor plaintiff is 13 years of age. The presiding Judge advised counsel that he was not granting the nonsuit because of contributory negligence but because of in sufficient evidence of negligence on the part of the defendant.”

Plaintiffs’ evidence tends to show the following facts:

North Carolina Highway No.…