Burnett v. Corbett

This appeal involves only the question of nonsuit. We may concede, as defendant tacitly does, that plaintiffs offered sufficient evidence of his negligence to repel the motion. Thus the inquiry is confined to this question: Does the evidence establish as a matter of law that negligence on the part of Mrs. Burnett was a proximate cause of her personal injuries and of Mr. Burnett’s property damage? Clontz v. Krimminger, 253 N.C. 252, 116 S.E. 2d 804. Defendant contends, in accordance with his plea of contributory negligence, that plaintiffs’ evidence discloses (1) that Mrs. Burnett, operating…