Cox v. Gallamore
Supreme Court of North Carolina
1Opinion of the CourtLake, J.
In passing upon the motion for judgment of nonsuit, the evidence of the plaintiff must be taken as true and must be interpreted in the light most favorable to the plaintiff. All reasonable inferences favorable to him must be drawn therefrom. Cqntradic-tions or inconsistencies, if any, in his evidence must be resolved in his favor.
The judgment of nonsuit could be affirmed on the ground of contributory negligence by the plaintiff's intestate only if his own evidence, so considered, leads inescapably to the conclusion that she was negligent and thereby contributed to her own injuries. There…
2Cases cited14 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Moseley v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1929
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Henderson Ex Rel. Utley v. PowellSupreme Court of North Carolina · 1942
- Irby v. Southern Railway CompanySupreme Court of North Carolina · 1957
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Price v. Seaboard Air Line Railroad Co.Supreme Court of North Carolina · 1968
- Slade Ex Rel. Slade v. New Hanover County Board of EducationCourt of Appeals of North Carolina · 1971
- Kinlaw v. NORFOLK SOUTHERN RAILWAY COMPANYSupreme Court of North Carolina · 1967
- Brown v. Atlantic Coast Line Railroad CompanySupreme Court of North Carolina · 1970
- Collins v. CSX Transportation, Inc.Court of Appeals of North Carolina · 1994
14 more not listed; retrieve them via the Exa API.