Harris v. Wright

The motion for judgment as of nonsuit could not have been allowed on the basis of contributory negligence on the part of plaintiffs’ intestate, since a nine-year old boy is rebuttably presumed incapable of contributory negligence. Hamilton v. McCash, 257 N.C. 611, 127 S.E. 2d 214. Therefore, we must determine if there was sufficient evidence of actionable negligence on the part of defendants to withstand the motion for involuntary nonsuit.

Plaintiffs in their complaint allege that the defendant Wright was negligent in that (1) he operated the motor vehicle in a careless and reckless manner,…