Keener V. Beal

The defendant offered evidence. He assigns as error the refusal of the court to allow his motion for judgment of nonsuit made at the close of all the evidence. G.S. 1-183; White v. Lacey, 245 N.C. 364, 96 S.E.2d 1. The defendant in his brief contends that plaintiff should have been nonsuited on the ground of contributory negligence, for the reason that plaintiff failed to keep a proper lookout, and "was operating his automobile in the nighttime with headlights which were markedly below the statutory standard." The defendant says in his brief he has not argued the absence of negligence on the part of the defendant, though "that clearly appears from the record." Defendant has selected contributory negligence as the ground upon which to wage battle.