Goodson v. Williams

This appeal raises two questions: (1) Did the plaintiff offer sufficient evidence of actionable negligence on the part of the defendant to carry the case to the jury? (2) If so, does the evidence establish contributory negligence on the part of the plaintiff’s intestate as a matter of law?

On a motion for judgment as of nonsuit, the plaintiff is entitled to have the evidence considered in the light most favorable to him and to the benefit of every reasonable inference to be drawn therefrom. Rice v. Lumberton, 235 N.C. 227, 69 S.E. 2d 543; Powell v. Lloyd, 234 N.C. 481, 67 S.E. 2d 664; Thomas…