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SMITH v. HEWETT

Nos. 602, 606.

70 S.E.2d 825 (1952)

235 N.C. 615

SMITH v. HEWETT et al. O'BRIEN v. HEWETT.

Supreme Court of North Carolina.

May 21, 1952.

Attorney(s) appearing for the Case

Moore & Corbett, Burgaw, Isaac C. Wright, Wilmington, Frink & Herring, Southport, for plaintiff, appellant.

James & James, Wilmington, for defendants, appellees.

DEVIN, Chief Justice.

It was chiefly urged for error by the defendants that under the court's instruction on the issue of damages (the fourth issue) the jury was permitted to consider as elements of damage in the case of Graham Smith, an unemancipated minor, hospital, medical and nursing expenses incurred, and also loss of earnings and diminished earning capacity during his minority.

The general rule is that an unemancipated...

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