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DAVIS v. IMES

No. 7219SC116.

186 S.E.2d 641 (1972)

13 N.C. App. 521

George W. DAVIS, Administrator of the Estate of Alice Burton Davis v. William L. IMES.

Court of Appeals of North Carolina.

February 23, 1972.

Attorney(s) appearing for the Case

Woodson, Hudson, Busby & Sayers by Donald D. Sayers, Salisbury, for plaintiff-appellee.

Kluttz & Hamlin by Lewis P. Hamlin, Jr., Salisbury, for defendant-appellant.

MALLARD, Chief Judge.

The defendant's first contention is that the trial court erred in failing to direct a verdict or enter judgment notwithstanding the verdict for defendant, on the ground that plaintiff's intestate was guilty of contributory negligence as a matter of law. This contention is without merit.

"Since the burden of proof on the issue of contributory negligence is upon the defendants, a motion for judgment of involuntary nonsuit upon that ground...

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