Harris v. Freeman

MORRIS, Judge.

Plaintiff asserts on appeal that the trial court, erred in submitting the issue of contributory negligence to the jury: and in declaring and explaining the law relating to such issue. ..

In North Carolina, a defendant who asserts the contributory negligence of plaintiff as a defense has the burden of proving it, and a contention that certain acts or conduct of the plaintiff constituted. contributory negligence should not be submitted to the jury unless there is evidence from which such conduct might reasonably be inferred. In determining the sufficency of that evidence the…