(Download) "North Carolina v. Queen City Coach Co." by Supreme Court of North Carolina " Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Queen City Coach Co.
- Author : Supreme Court of North Carolina
- Release Date : January 02, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The sole question to be decided in case on appeal is whether or not the trial court erred in allowing defendants motion for nonsuit. Taking the evidence offered upon the trial in the light most favorable to the plaintiff and giving to him the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom, as is done when considering motion for judgment of nonsuit, the conclusion is that the plaintiffs intestate was negligent, as a matter of law, and that his negligence contributed to his untimely death, Clontz v. Krimminger, ante, 252, and that the trial court was correct in sustaining defendants motion for involuntary nonsuit. "Only when plaintiff proves himself out of court is he to be nonsuited on the evidence of contributory negligence." Lincoln v. RR, 207 N.C. 787, 178 S.E. 601. See also Bundy v. Powell, 229 N.C. 707, 51 S.E.2d 307.