Clemons v. Williams

EAGLES, Judge.

Plaintiffs assign as error the dismissal of the case at the close of their evidence. The appeal raises the question of whether *542plaintiffs presented sufficient evidence of defendant’s negligence, plaintiffs’ intestate’s contributory negligence, and defendant’s last clear chance to avoid injury to plaintiffs’ intestate, to allow the submission of these three issues to the jury for final determination. At each of the three levels of our inquiry, we must consider the evidence in the light most favorable to the plaintiff. Sink v. Sumrell, 41 N.C. App. 242, 254 S.E. 2d 665 (1979). In…