Griffin v. Blankenship

This appeal turns on whether or not the plaintiff’s evidence, when considered in the light most favorable to him, as it must be when considering a motion for judgment as of nonsuit, is sufficient to carry the case to the jury on the question of actionable negligence. Williamson v. Clay, 243 N.C. 337, 90 S.E. 2d 727, Singletary v. Nixon, 239 N.C. 634, 80 S.E. 2d 676; Hughes v. Thayer, 229 N.C. 773, 51 S.E. 2d 488; Atkins v. Transportation Co., 224 N.C. 688, 32 S.E. 2d 209.

The plaintiff devotes a substantial part of his brief in arguing that the defendant operator of the bulldozer was not an…