Levy v. Carolina Aluminum Co.

The question posed for our determination, on this appeal, is whether or not upon the evidence adduced in the trial below, the plaintiff was guilty of contributory negligence as a matter of law.

A nonsuit on the ground of contributory negligence should not be granted unless the plaintiff’s evidence, taken in the light most favorable to him, so clearly establishes such negligence that no other reasonable inference or conclusion can be drawn therefrom. Dawson v. Transportation Co., 230 N.C. 36, 51 S.E. 2d 921; Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307; Hobbs v. Drewer, 226 N.C. 146, 37 S.E.…