Harrison v. North Carolina Railroad

Stacy, C. J.,

after stating the case: It appears, from the circumstances detailed above, that, at the close of plaintiff’s evidence, a clear case of contributory negligence had been made out and that the defendant’s motion for judgment as of nonsuit, first interposed at that time, should have been allowed. This was practically conceded on the argument, but plaintiff stressfully contends that the. testimony of James Castor, offered in rebuttal, is sufficient to carry the case to the jury, as only the exception noted at the close of all the evidence may now be considered. Harper v. Supply Co.,…