Bailey v. Michael

The defendants assign as error the refusal of the court below to sustain their motion for judgment as of nonsuit on the ground that the plaintiff’s intestate was guilty of contributory negligence as a matter of law, citing Powers v. Sternberg, 213 N.C. 41, 195 S.E. 88; Henson v. Wilson, 225 N.C. 417, 35 S.E. 2d 245; Tyson v. Ford, 228 N.C. 778, 47 S.E. 2d 22; Cox v. Lee, 230 N.C. 155, 52 S.E. 2d 355, and G.S. 20-158.

A motion for judgment as of nonsuit on the ground of contributory negligence on the part of a plaintiff or his intestate in actions for wrongful death, will not be granted if it…