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BATCHELOR v. BLACK

No. 743.

61 S.E.2d 894 (1950)

BATCHELOR v. BLACK et al.

Supreme Court of North Carolina.

November 17, 1950.

Attorney(s) appearing for the Case

J. Grover Lee, Jas. R. Patton, R. M. Gantt, all of Durham, for plaintiff.

Basil M. Watkins, and Charles W. White, Durham, for defendants, petitioners.

WINBORNE and ERVIN, Justices.

The case is reported in 232 N.C. 314, 59 S.E.2d 817, 818.

The burden of the petition to rehear is that the court misconstrued the evidence adduced by the plaintiff, and by reason thereof erroneously adjudged that the plaintiff was not guilty of contributory negligence as a matter of law. A painstaking examination of the record reveals two inaccuracies in an otherwise...

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