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MILLER v. MILLER

No. 278.

160 S.E.2d 65 (1968)

273 N.C. 228

Max S. MILLER v. Wincie Clarice MILLER.

Supreme Court of North Carolina.

March 20, 1968.

Attorney(s) appearing for the Case

A. A. Bailey by Gary A. Davis, Charlotte, for plaintiff appellee.

Jones, Hewson & Woolard, Charlotte, for defendant appellant.

SHARP, Justice.

In defendant's second further answer and defense, she pleads plaintiff's failure to fasten his seat belt as contributory negligence barring his right to recover any damages for personal injuries; in the third, she pleads that failure in mitigation of such damages.She alleges no unusual circumstance known to plaintiff prior to the accident, which created a special hazard over and above the ordinary risks incident...

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