Ford v. Smith

The parties do not dispute the fact that sufficient evidence was presented to take the case to the jury on the issue of defendant’s actionable negligence. Therefore, the only question before us is whether plaintiff’s evidence establishes as a matter of law his own negligence as one of the proximate causes of his injury. Jernigan v. R. R. Co., 275 N.C. 277, 167 S.E. 2d 269.

The judgment of nonsuit cannot be sustained unless the plaintiff’s evidence, considered in the light most favorable to him, so clearly establishes his own negligence as one of the proximate causes of his injury that no other…