Moore v. Hales

The crucial question is whether the court erred in submitting the issue as to contributory negligence.

While a defendant has the burden of proof on the issue of contributory negligence, he “is entitled to have the evidence bearing on that issue considered in the light most favorable to him in determining whether there is sufficient evidence of contributory negligence to be submitted to the jury.” 3 Strong, N. C. Index, Negligence § 25, and cases cited.

The alleged factual basis underlying plaintiff’s alleged specifications of defendants’ negligence, including failure to keep a proper lookout…