Misenheimer ex rel. Misenheimer v. Carter

Was the evidence sufficient to present a jury question? Stated in the alternative, was the evidence so deficient in probative value as to require the court, as a matter of law, to hold that a legitimate inference of defendant’s actionable negligence is not permissible? Lake v. Express Co., 249 N.C. 410, 106 S.E. 2d 518; Ward v. Smith, 223 N.C. 141, 25 S.E. 2d 463.

The collision occurred as the defendant drove north on the old Salisbury road. Michael Eddins, age 9, riding a bicycle, entered the road from a private driveway. The plaintiff, Charles Lee (Chuck) Misen-heimer, was behind Michael on…