HOLDERFIELD v. RUMMAGE BROS. TRUCKING CO.

No. 452.

61 S.E.2d 904 (1950)

232 N.C. 623

HOLDERFIELD v. RUMMAGE BROS. TRUCKING CO.

Supreme Court of North Carolina.

November 22, 1950.


Attorney(s) appearing for the Case

Douglass & McMillan, Raleigh, for plaintiff appellant.

Wm. G. Pittman, J. Elsie Webb, Rockingham, and Smith, Leach & Anderson, Raleigh, for defendant appellee.


BARNHILL, Justice.

There is ample evidence of the negligent operation of the truck to require the submission of appropriate issues to the jury. We may assume, therefore, that the court below concluded that the plaintiff was guilty of contributory negligence as a matter of law. It is upon this theory the cause is debated here.

Ordinarily, in actions founded on negligence, the mutual obligations of the parties are so apparent discussion thereof is not required...

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