McKay v. City of Charlotte

MARTIN, Judge.

Defendant assigns as error the trial court’s denial of its motions for a directed verdict and for judgment notwithstanding the verdict. Its sole contention with respect thereto is that plaintiff’s evidence establishes his contributory negligence as a matter of law. We cannot agree.

In support of this contention, defendant cites and relies upon a series of “trip and fall” cases involving defects and obstructions on city sidewalks where the courts found the respective *564plaintiffs contributorily negligent as a matter of law. See Hedrick v. Akers, 244 N.C. 274, 93 S.E. 2d 160 (1956);…