Collingwood v. Winston-Salem Southbound Railway Co.

The plaintiff’s evidence was sufficient to carry the ease to the jury on the issue of defendant’s negligence, but it is contended that defendant’s motion for judgment of nonsuit should have been sustained for the reason that the contributory negligence of the plaintiff conclusively appears.

However, we think the issue of contributory negligence was also one for the jury. Coltrain v. R. R., 216 N.C. 263, 4 S.E. 2d 853; Caldwell v. R. R., 218 N.C. 63, 10 S.E. 2d 680. The court properly could not sustain the motion to nonsuit on this ground unless the testimony tending to prove contributory…