Threatt Ex Rel. Threatt v. Railway Express Agency, Inc.

The question before us is the sufficiency of the evidence to carry the ease to the jury. The record suggests that the demurrer to the evidence should be sustained, if not upon the principal issue of liability, then upon the ground of contributory negligence. Swainey v. Tea Co., 202 N. C., 272, 162 S. E., 557; Miller v. Holland, 196 N. C., 739, 147 S. E., 8. Cf. Wooten v. Smith, 215 N. C., 48, 200 S. E., 921; Hood v. Bottling Co., 192 N. C., 827, 135 S. E., 609. Both the driver •of the truck and the plaintiff were charged with the mutual and reciprocal duty to exercise reasonable care under…