White v. Greer

CLARK, Judge.

Plaintiff contends that the issue of contributory negligence should not have been submitted to the jury and that the court erred in its instructions on contributory negligence. A defendant who asserts contributory negligence as a defense has the burden of proving it. The issue of contributory negligence should not be submitted to a jury unless there is evidence from which such conduct might reasonably be inferred. Atkins v. Moye, 277 N.C. 179, 176 S.E. 2d 789 (1970); Harris v. Freeman, 18 N.C. App. 85, 196 S.E. 2d 48 (1973). “A defendant, however, is entitled to have any evidence…