Radford v. Norris

WELLS, Judge.

The only question presented is whether the court erred in instructing on contributory negligence. We hold that it did and award a new trial.

In determining the sufficiency of the evidence to justify submission of contributory negligence, we consider defendant’s evidence in the light most favorable to her, with all reasonable inferences therefrom, and disregard plaintiffs evidence except to the extent favorable to defendant. Jones v. Holt, 268 N.C. 381, 150 S.E. 2d 759 (1966). Evidence which merely raises a conjecture as to plaintiffs negligence will not support an instruction. Id.…