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FLEMING v. CAROLINA POWER & LIGHT CO.

No. 166.

61 S.E.2d 364 (1950)

232 N.C. 457

FLEMING et al. v. CAROLINA POWER & LIGHT CO.

Supreme Court of North Carolina.

October 11, 1950.

Attorney(s) appearing for the Case

Gholson & Gholson, Henderson, and Joyner & Howison, Raleigh, for plaintiff appellant C. J. Fleming.

Murray Allen, Raleigh, for plaintiff appellants Insurance Companies.

A. A. Bunn, Kittrell & Kittrell, Perry & Kittrell, all of Henderson, Eric Norfleet, Jackson, Charles F. Rouse and A. Y. Arledge, Raleigh, for defendant Carolina Power & Light Company, Appellee.

DEVIN, Justice.

The verdict on the first issue in the trial below defeated the plaintiffs' action, and the finding on the fourth issue is presently immaterial.

The assignment of error chiefly relied on by the plaintiffs as ground for a new trial was the following instruction given by the court on the first issue: "In respect to that (first) issue the court instructs you that if the plaintiff has satisfied you by the greater weight of the evidence that the...

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