Lee v. . Sears, Roebuck Co.

182 S.E. 493, 208 N.C. 849, 1935 N.C. LEXIS 172

• Court: Supreme Court of North Carolina
• Decided: November 20, 1935
• Status: Published

Opinion

Pee Cueiam.

There was no error in the exclusion of evidence offered by the plaintiff, or in the admission of evidence offered by the defendants.

Conceding without deciding that there was evidence at the trial tending to show that defendants were negligent, as alleged in the complaint, we concur in the opinion of the trial court that all the evidence offered by the plaintiff, including her own testimony, shows that plaintiff, at least, contributed to her injuries by her own negligence. For this reason, there was no error in allowing defendant’s motion for judgment as of nonsuit at the close of all the evidence, or in the judgment dismissing the action. See King v. Thackers, Inc., 207 N. C., 869, 178 S. E., 95; Clark v. Drug Co., 204 N. C., 628, 169 S. E., 217; Davis v. Jeffreys, 197 N. C., 712, 150 S. E., 488.

The judgment is

Affirmed.