Warren v. Lewis

160 S.E.2d 305 (1968)

273 N.C. 457

Robert WARREN

v.

Freal M. LEWIS.

No. 449.

Supreme Court of North Carolina.

April 10, 1968.

Randolph & Drum, by Clyde C. Randolph, Jr., Winston-Salem, for plaintiff appellant.

Harold R. Wilson and Wesley Bailey, by Wesley Bailey, Winston-Salem, for defendant appellee.

HIGGINS, Justice:

The plaintiff's evidence was sufficient to go to the jury on the issue of the defendant's negligence. Consequently, the judgment of nonsuit may be sustained only if the plaintiff's evidence discloses his contributory negligence as a matter of law. Contributory negligence is an affirmative…