Atwood Ex Rel. Hayes v. Holland

Plaintiff assigns as error the entry of the judgment of compulsory nonsuit and a dismissal of the action entered at the close of plaintiff’s evidence.

Defendant states in his brief: “Assume sufficient evidence of negligence to go to the jury. What was the evidence as to contributory negligence?”

Brenda Atwood testified in her behalf in substance, except when quoted, as follows: On 9 February 1964 she was 17 years old. About 9 p.m. on Saturday, 9 February 1964, defendant driving his automobile with a man in it came to where she was living at 106 North Sunset Drive in the city of Winston-Salem,…