Proctor v. Weyerhaeuser Co.

BRITT, Judge.

Defendant assigns as error the failure of the trial court to grant its motions for directed verdict and judgment notwithstanding the verdict, and portions of the court’s instructions to the jury.

By its first assignment of error defendant contends that plaintiff was contributorily negligent as a matter of law. In Simmons v. Williams, 20 N.C. App. 402, 404, 201 S.E. 2d 561, 562-568 (1974), we find: “As to contributory negligence of the plaintiff as a matter of law, a verdict may be directed on the. basis of contributory negligence ‘only when the plaintiff’s evidence ... so clearly…