Ferguson Ex Rel. Ferguson v. City of Asheville

Upon tbe evidence presented on this appeal we are of opinion that the motion for judgment as of nonsuit was improperly-entered in each case.

Consideration thereof raises three questions which are determinative of this appeal: (1) Is there sufficient evidence of negligence on the part of defendant to require the submission to the jury of an issue with respect thereto? (2) Is there such evidence of negligence on the part of the plaintiff E. J. Ferguson, Jr., the driver of the automobile, as to insulate any negligence on the part of the defendant as a matter of law ? (3) Is the plaintiff E. J.…