Kirby v. Fulbright

In this Court, on oral argument, defendants, through their counsel, abandoned all their assignments of error except those which present two questions, viz.: 1. Are defendants entitled to judgment of nonsuit? 2. If not, does the evidence disclose as a matter of law that Thompson was contributorily negligent as alleged in the answer?

The substantive rights and liabilities of the parties are to be determined in accordance with the law of Virginia, the lex loci.. Procedural matters are to be determined in accordance with the law of North Carolina, the lex fori. Nix v. English, 254 N.C. 414, 419,…