Fowler v. Graves

WEBB, Judge.

The defendant first assigns error to the denial of his motion for a directed verdict and his motion for judgment notwithstanding the verdict. He argues that all the evidence shows the plaintiff was contributorily negligent as a matter of law. If all the evidence so clearly established the contributory negligence of the plaintiff as one of the proximate causes of the injury, that no other reasonable conclusion is possible, it was error not to allow the defendant’s motion for directed verdict and his motion for judgment notwithstanding the verdict. See Ragland v. Moore, 299 N.C.…