SPENCER v. McDOWELL MOTOR CO.

No. 26.

72 S.E.2d 598 (1952)

236 N.C. 239

SPENCER v. McDOWELL MOTOR CO., Inc., et al.

Supreme Court of North Carolina.

October 8, 1952.


Attorney(s) appearing for the Case

Wilson & Wilson, Elizabeth City, for plaintiff appellee.

John H. Hall, Elizabeth City, for defendant Motor Co., appellant.

W. C. Morse, Jr., Elizabeth City, for defendant Ives, appellant.


WINBORNE, Justice.

I. The appellant Motor Company assigns as error, among others, portions of the charge as given by the court in respect to the third issue, that is, the issue as to contributory negligence of plaintiff (assignments of error numbers 9 and 10 based on its exceptions 24 and 26), and to the failure of the court to declare, explain and apply the law arising on the evidence on the third issue, particularly as it concerns or is addressed to the statute...

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