Wooten v. . Smith

The appellants’ principal assignments of error relate to the denial of their motion for judgment of nonsuit, and to exceptions noted to certain instructions given by the trial judge in his charge to the jury.

1. Briefly stated, the evidence offered by the plaintiff tended to show that on 1 March, 1936, about 2 :00 o’clock p.m., plaintiff’s intestate, a bright boy of fourteen, was riding his bicycle proceeding southward on Madison Street in Whiteville. The boy was on the west side of the street (which was a north and south paved thoroughfare and State Highway thirty feet wide from curb to…