Fowler v. Atlantic Co.

The evidence adduced below, when viewed in its light most favorable to the plaintiff, as is the rule on motion to nonsuit, leaves tbe impression that the plaintiff made out a prima facie case of actionable negligence for the jury. Ervin v. Mills Co., 233 N.C. 415, 64 S.E. 2d 431; Brafford v. Cook, 232 N.C. 699, 62 S.E. 2d 327; Howard v. Bell, 232 N.C. 611, 62 S.E. 2d 323.

Undoubtedly, the court below allowed the defendant’s motion on the theory that plaintiff’s driver was contributorily negligent as a matter of law. It may be conceded that certain aspects of the testimony tend to support the…