Ennis v. Dupree

This is the second appeal in this case. In the first trial of this case in the superior court of Harnett County at the 4 June 1962 Civil Term, judgment of compulsory nonsuit was entered at the close of plaintiff’s evidence. Plaintiff’s appeal was heard at our Fall Term 1962, and a majority of the Court were of the opinion that plaintiff’s evidence made out a prima facie case of actionable negligence on the part of the defendants, and that a judgment of compulsory nonsuit on the ground that plaintiff’s intestate, an eight-year-old boy, was guilty of legal contributory negligence was not…