Tysinger v. Coble Dairy Products

Plaintiff’s challenge to the correctness of the judgment as of nonsuit from which this appeal is taken raises for decision two questions:

1. Taking the evidence shown in the record in the light most favorable to plaintiff, as we must do in considering judgments as in case of nonsuit, is there sufficient evidence of actionable negligence on the part of defendant to require the submission to the jury of an issue with respect thereto ?

2. If so, upon all the evidence, was the plaintiff’s testator guilty of contributory negligence as a matter of law?

We are of opinion and hold that the evidence…