Howell Ex Rel. Motsinger v. Lawless

The determinative question on this appeal is whether plaintiff's evidence, considered in the light most favorable to (the defendant, contains any inference .that the plaintiff himself was guilty of contributory negligence. Wilson v. Camp, 249 N.C. 754, 107 S.E. 2d 743. If there is more than a scintilla, of such evidence, it is a matter for .the jury. Absher v. Raleigh, 211 N.C. 567, 190 S.E. 897. Plaintiff’s evidence discloses the following facts:

About 4:30 p.m. on October 14, 1961, plaintiff and defendant purchased six twelve-ounce cans of beer at a tavern. They then repaired to an ABC store…