Rattley v. . Powell

WINBORNE, J., joins in concurring opinion. This case was here before upon the appeal of plaintiff from a judgment of nonsuit, and will be found reported as Henderson v. Powell and Rattleyv. Powell, 221 N.C. 239. (For summary of facts, see that case.) The defendants had prevailed in their motion for nonsuit upon the evidence upon the theory either that the trial disclosed no evidence to go to the jury upon the issue of defendants' negligence, or that such negligence was insulated by the intervening negligent conduct of McCrimmon, the driver of the car in which Rattley, the intestate, was a…