Carruthers v. Southern Railway Co.

It was not controverted that there was evidence of negligence on the part of the defendant Railway Company. Therefore, the propriety of the nonsuit depends upon whether the plaintiff’s evidence establishes such contributory negligence on the part of the intestate as bars recovery. The rule is well settled that in order to sustain a nonsuit on this ground the evidence tending to show contributory negligence must be so clear that no other conclusion reasonably can be drawn therefrom. Collingwood v. R. R., post, 192; Penland v. R. R., 228 N.C. 528, 46 S.E. 2d 303; Bailey v. R. R., 223 N.C. 244,…