Holloway Ex Rel. Holloway v. Holloway
Supreme Court of North Carolina
1Opinion of the CourtDeNNY, C.J.
The only assignment of error is based on an exception to the ruling of the court below sustaining defendants’ motion for judgment as of nonsuit.
In our opinion, if it be conceded that defendant Rosa Holloway was guilty of actionable negligence, it is equally clear that the minor plaintiff contributed to his own injury by negligently and carelessly entering the street without taking any precaution whatever for his own safety.
It clearly appears from the evidence introduced in the trial below that the minor plaintiff never looked in the direction from which the Holloway car was approaching after…
2Cases cited8 opinions
- Tysinger v. Coble Dairy ProductsSupreme Court of North Carolina · 1945
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Garmon v. ThomasSupreme Court of North Carolina · 1955
- Rosser v. SmithSupreme Court of North Carolina · 1963
- Furst & Thomas v. MerrittSupreme Court of North Carolina · 1925
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jackson v. CockillWest Virginia Supreme Court · 1964
- Starnes v. McManusSupreme Court of North Carolina · 1965
- Evans v. StilesCourt of Appeals of North Carolina · 1976
- Grisanti v. United StatesDistrict Court, E.D. North Carolina · 1968