Ramey v. SOUTHERN RAILWAY COMPANY

The judgment of compulsory nonsuit must be sustained if plaintiff’s evidence considered in the light most favorable to him fails to show any actionable negligence on defendant’s part, or if his evidence considered in the same light affirmatively shows contributory negligence on his part so clearly that no other conclusion can be reasonably drawn therefrom. Jenkins v. R. R., 258 N.C. 58, 127 S.E. 2d 778; Carter v. R. R., 256 N.C. 545, 124 S.E. 2d 561; Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307.

The only eye witness to the actual collision was plaintiff. His evidence, considered in the light…