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POWELL v. LLOYD

No. 312.

67 S.E.2d 664 (1951)

234 N.C. 481

POWELL v. LLOYD.

Supreme Court of North Carolina.

November 21, 1951.

Attorney(s) appearing for the Case

Mull, Patton & Craven, Morganton, for plaintiff appellant.

Horton & Carter, Morganton, for defendant appellee.

VALENTINE, Justice.

The question on this appeal is the correctness of the ruling below allowing the defendant's motion for judgment of nonsuit. Defendant offered no evidence, but plaintiff's evidence made out a case of actionable negligence against her. Therefore, if the judgment of the court below is sustained, it must be upon the basis that plaintiff's own evidence proved as a matter of law that he was guilty of contributory

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