Sink v. Sumrell

MARTIN (Harry C.), Judge.

Plaintiff assigns as error the dismissal of the case at the close of his evidence. The appeal raises three questions for review: negligence of defendant Sumrell, contributory negligence of plaintiff’s intestate and the doctrine of last clear chance. As to each of these principles of law, the evidence must be viewed in the light most favorable to the plaintiff. Homes, Inc. v. Bryson, 273 N.C. 84, 159 S.E. 2d 329 (1968).

The trial court based its decision to dismiss the case on Battle v. Chavis, 266 N.C. 778, 147 S.E. 2d 387 (1966), and Barnes v. Horney, 247 N.C. 495,…