¶1We conclude, as did the dissenting opinion in the Court of Appeals, that the evidence was insufficient to support a finding of contributory negligence. The Court of Appeals’ decision to the contrary is reversed and the case is remanded to that court for further remand to Superior Court, Halifax County. We also conclude, in our discretion, that a new trial should be conducted on all issues. See Robertson v. Stanley, 285 N.C. 561, 206 S.E.2d 190 (1974).
¶2Reversed and remanded.