Sizemore v. Raxter

WHICHARD, Judge.

Plaintiff sought damages for injuries he sustained when struck by an automobile owned by defendant Dillard Raxter and operated by defendant Jeffrey Raxter. The jury answered the negligence issue in plaintiff’s favor, but answered the contributory negligence issue against him.

The trial court granted plaintiff’s G.S. 1A-1, Rule 59 motion for a new trial. Defendants appeal, contending (1) their motion for a directed verdict on the ground of contributory negligence as a matter of law should have been granted, and (2) the court erred in granting plaintiff’s motion for a new trial.

On…