FAWLEY v. BOBO

No. 597.

56 S.E.2d 419 (1949)

231 N.C. 203

FAWLEY v. BOBO et al.

Supreme Court of North Carolina.

November 30, 1949.


Attorney(s) appearing for the Case

J. Elsie Webb, W. G. Pittman, Rockingham, for plaintiff-appellant.

Bynum & Bynum, Rockingham, for defendants-appellees.


WINBORNE, Justice.

Two questions are presented by appellant for decision on this appeal:

First, it is contended that defendants do not plead the contributory negligence of the driver of plaintiff's tractor and trailer. True, the acts of negligence averred against the said driver are not characterized as "contributory negligence", but defendants plead "as a complete bar to plaintiff's alleged cause of action" facts and circumstances which amount to contributory...

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