Klassette v. Liggett Drug Co.

The situation here is not unlike those in the cases of Houston v. Monroe, 213 N. C., 788, 197 S. E., 571, and Watkins v. Raleigh, 214 N. C., 644, 200 S. E., 424, wherein this Court held that demurrer to the evidence was sustainable “if not upon the principal question of liability, then upon the ground of contributory negligence.”

We are of opinion, however, that the evidence shown in the record on this appeal taken in the light most favorable to plaintiff, as the Court does in passing upon an exception to a judgment as of nonsuit, fails to make.out a ease of actionable negligence, in…