Walston v. Greene

This is the second appeal of this case to the Supreme Court. At a trial of this case during the February Term 1957 of Pasquotank Superior Court the jury found that the death of plaintiff’s intestate was not caused by the actionable negligence of defendant. Upon motion of plaintiff, the trial judge, in his discretion, set the verdict aside. Defendant’s appeal was dismissed by this Court, 246 N.C. 617, 99 S.E. 2d 805.

Plaintiff assigns as error the submission to the jury of the issue of contributory negligence of his intestate, who was a boy six years and nine months old at the time he was…