Shoffner v. City of Raleigh

There are two questions raised by this appeal. First, does plaintiff’s evidence, when considered in the light most favorable to him, make out a prima facie case of negligence on the part of the defendant? And second, does plaintiff’s evidence establish that the plaintiff was contributorily negligent as a matter of law?

“Negligence is the failure to exercise proper care in the performance of a legal duty which the defendant owed the plaintiff under the circumstances surrounding them. (Citation omitted.) The breach of duty may be by negligent act or a negligent failure to act. *472(Citations…