Boyd v. Wilson

The sole question presented by this appeal is whether there was sufficient evidence to warrant the submission of the issue of contributory negligence to the jury. “In passing on the question, we must take the evidence in the light most favorable to the defendant, disregarding that which is favorable to the plaintiff. 'If different inferences may be drawn from the evidence on the issue of contributory negligence, some favorable to plaintiff and others to the defendant, it is a case for the jury to determine.’ ” Wilson v. Camp, 249 N.C. 754, 107 S.E. 2d 743. “ ‘The right of trial by jury should…