Jenkins v. Atlantic Coast Line Railroad Company

The record does not disclose the legal ground upon which the trial judge based the nonsuit. The judgment must be sustained, however, if the evidence fails to show the defendant’s negligence or does affirmatively show the plaintiff’s contributory negligence as a matter of law. Carter v. R.R., 256 N.C. 545, 124 S.E. 2d 561. In passing on the sufficiency of the evidence to survive the motion for nonsuit, we must resolve all conflicts in the testimony in the plaintiff’s favor. Assuming the trial court concluded, therefore, the evidence presented a jury question on the issue of the defendant’s…