Robertson v. Ghee

In the record there is no answer by defendant Calbert Johnson. No issue was submitted as to him. He and his wife testified as witnesses for plaintiff.

Defendant Ghee assigns as error the denial of his motion for judgment of involuntary nonsuit made at the close of all the evidence. In his brief his contention is that plaintiff is guilty of contributory negligence as a matter of law. The term “contributory negligence” ex vi termini implies or presupposes negligence on the part of defendant in an action for damages. Darden v. Leemaster, 238 N.C. 573, 78 S.E. 2d 448.

Defendant Ghee may…