Citizens National Bank v. Phillips

The defendant’s exceptions relate (1) to the refusal of the trial court to allow the motion for judgment as of nonsuit and (2) to the charge of the court.

1. The refusal to nonsuit. — These in substance are the material facts developed by the evidence: Plaintiff’s intestate, H. T. Helms, age 62, was struck on the morning of 6 December, 1950, at about 6:30 o’clock, while it was still dark. He was in the act of crossing from the east side of S. Union Street to the west side at a point a short distance north of the intersection of Hillcrest Drive with S. Union Street. Hillcrest Drive exists only…