Scarborough v. Ingram

The first question for determination is the court’s ruling on defendant’s motion for nonsuit. Defendant asserts the refusal to allow his motion is erroneous for two reasons: (1) Plaintiff failed to offer any evidence of negligence proximately causing plaintiff’s injuries, and (2) all the evidence establishes as a matter of law plaintiff’s negligence proximately causing the collision and resulting damage.

Defendant’s evidence suffices to establish these facts: The collision occurred at night in a residential area of a town where the maximum speed limit was 35 m.p.h. Shortly before the collision…