Horton v. Peterson

Denny, J. The plaintiff’s evidence when considered in the light most favorable to him, as it must be on motion for judgment as of nonsuit, is sufficient in our opinion to require its submission to the jury on the issues of negligence, contributory negligence, and damages. Levy v. Aluminum, Co., 232 N.C. 158, 59 S.E. 2d 632; Dawson v. Transportation Co., 230 N.C. 36, 51 S.E. 2d 921; Bundy v. Powell, 229 N.C. 707, 51 S.E. 2d 307; *448 Hobbs v. Brewer, 226 N.C. 146, 37 S.E. 2d 121; Killough v. Williams, 224 N.C. 254, 29 S.E. 2d 697; Stevens v. Rostan, 196 N.C. 314, 145 S.E. 555. A nonsuit on the ground of contributory negligence should not be granted unless the plaintiff’s evidence, taken in the light most favorable to him, so clearly establishes such negligence that no other reasonable inference or conclusion can be drawn therefrom. Mikeal v. Pendleton, 237 N.C. 690, 75 S.E. 2d 756; Levy v. Aluminum Co., supra; Dawson v. Transportation Co., supra; Bundy v. Powell, supra; Atkins v. Transportation Co., 224 N.C. 688, 32 S.E. 2d 209. According to the plaintiff’s evidence adduced in the trial below, the defendant was operating his truck on the left-hand side of the highway at the time of the collision in violation of G-.S. 20-146 and G-.S. 20-164. The judgment of the court below is Reversed.