Blanton v. Frye

The pleadings present issues of defendant’s negligence and plaintiff’s contributory negligence. At the close of all the evidence, the Court, without assigning any reason, entered judgment of compulsory nonsuit. Either insufficient evidence of- defendant’s negligence or evidence of plaintiff’s contributory negligence as a matter of law would sustain the judgment.

The parties admitted the accident occurred at night. At the time the plaintiff approached the scene of the accident, the defendant’s Oldsmobile was at an angle across the south lane of-U. S. Highway 70. The rear end was about 3 feet…