Byrd v. North State Motor Lines, Inc.

Careful consideration impels the conclusion that the evidence, when considered in .the light most favorable to plaintiff, is sufficient to require submission for jury determination of an issue as to the alleged actionable negligence of Woolard and that such evidence does not establish contributory negligence as a matter of law. The overruling of Woolard’s motion for judgment of nonsuit indicates Judge Peel’s view, as to this feature of the case, was in accord with ours. Having reached this conclusion, we deem it appropriate to refrain from further discussion of the evidence (relevant to said…