Raper v. Byrum

Since the burden of proof on the issue of contributory negligence is upon the defendants, a motion for judgment of involuntary nonsuit upon that ground should be allowed only when the plaintiff’s evidence, considered alone and taken in the light most favorable to him, together with all inferences favorable to him which may reasonably be drawn therefrom, so clearly establishes the defense that no other conclusion can reasonably be drawn. Cowan v. Transfer Co., 262 N.C. 550, 138 S.E. 2d 228; Waters v. Harris, 250 N.C. 701, 110 S.E. 2d 283; Johnson v. Thompson, 250 N.C. 665, 110 S.E. 2d 306;…