Court of Appeals of North Carolina April 1, 1970, No. 7010SC192 (Shoffner v. City of Raleigh)

BeocK, J.

There are two questions raised by this appeal. First, does plaintiff’s evidence, when considered in the light most favorable to him, make out a prima facie case of negligence on the part of the defendant? And second, does plaintiff’s evidence establish that the plaintiff was contributorily negligent as a matter of law?