State v. Smith

The defendant, pointing to the fact that the collision occurred on his right side of the street, contends that the court erred in refusing to allow his motion for judgment as of nonsuit. Here the defendant emphasizes the provisions of G.S. 20-38 (if), under which a bicycle is deemed a vehicle and a rider of a bicycle is made subject to the applicable provisions of the statutes relating to motor vehicles. (Tarrant v. Pepsi-Cola Bottling Co., 221 N.C. 390, 20 S.E. 2d 565.)

The defendant’s contention is untenable. It is well established that “contributory negligence as such has no place in the…