BLANTON v. FRYE

No. 359.

158 S.E.2d 57 (1967)

272 N.C. 231

Willie A. BLANTON v. Doris Munday FRYE.

Supreme Court of North Carolina.

December 13, 1967.


Attorney(s) appearing for the Case

Byrd, Byrd & Ervin, John W. Ervin, Jr., Morganton, for plaintiff appellant.

Patton & Starnes, by Thomas M. Starnes, Morganton, for defendant appellee.


HIGGINS, Justice.

The pleadings present issues of defendant's negligence and plaintiff's contributory negligence. At the close of all the evidence, the Court, without assigning any reason, entered judgment of compulsory nonsuit. Either insufficient evidence of defendant's negligence or evidence of plaintiff's contributory negligence as a matter of law would sustain the judgment.

The parties admitted the accident occurred at night. At the time the plaintiff...

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