Garner v. Pittman

When the evidence offered by plaintiff upon the trial in Superior Court, as revealed by the record of case on appeal, is taken in the light most favorable to her, we are of opinion that the case comes within the principles enunciated in Smith v. Sink, 211 N.C. 725, 192 S.E. 108; Powers v. Sternberg, 213 N.C. 41, 195 S.E. 88; Butner v. Spease, 217 N.C. 82, 6 S.E. 2d 808; Reeves v. Staley, 220 N.C. 573, 18 S.E. 2d 239, and Matheny v. Motor Lines, 233 N.C. 673, 65 S.E. 2d 361, and is insufficient to require that an issue of negligence as to defendant Sipe be submitted to the jury. All the…