Leary v. Norfolk Southern Bus Corp.

The pertinent exceptions and assignments of error are to the overruling of defendant’s motion for judgment as of nonsuit made at the conclusion of all the evidence and to the refusal of his Honor to give defendant’s prayers for instruction to the jury. These prayers were to the effect that if the jury should find the facts to be as testified to by all the witnesses, the jury should answer the issues of negligence in favor of defendant and the issue of contributory negligence in the case of McDuffie against said plaintiff.

The defendant offered no evidence at the trial below.

The actions in both…