Ward ex rel. Ward v. Worley ex rel. Worley

VAUGHN, Judge.

Defendant contends that the court below erred in denying his motions for directed verdict and for judgment notwithstanding the verdict by failing to find plaintiff contributorily negligent as a matter of law. “Whether a motion for judgment as of nonsuit should be sustained on the ground that the plaintiff is guilty of contributory negligence as a matter of law, presents in many cases a very difficult question. However, the decision on such motion must be made in light of the facts in each particular case.” Tew v. Runnels, 249 N.C. 1, 105 S.E. 2d 108. “Where conflicting…