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MCCALL v. DIXIE CARTAGE & WAREHOUSING, INC.

No. 279.

158 S.E.2d 72 (1967)

272 N.C. 190

Leola Tucker McCALL, Administratrix of the Estate of Luther L. McCall, Deceased v. DIXIE CARTAGE & WAREHOUSING, INC., and Earl T. Stone.

Supreme Court of North Carolina.

December 13, 1967.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman, by Hugh L. Lobdell, Charles V. Tompkins, Jr., Charlotte, for defendant appellants.

Hedrick, McKnight & Parham, by Philip R. Hedrick, Charlotte, for plaintiff appellee.

HIGGINS, Justice.

The defendants, by proper motions, challenged the sufficiency of the evidence to go to the jury on plaintiff's specifications of negligence. The defendants conditionally pleaded plaintiff's contributory negligence. However, the defendants did not offer evidence. The plaintiff's evidence does not establish contributory negligence as a matter of law. Doubtful it is whether the evidence was sufficient to permit the jury to consider contributory negligence...

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