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MEDLIN v. SPURRIER & CO.

No. 527.

79 S.E.2d 209 (1953)

239 N.C. 48

MEDLIN v. SPURRIER & CO., Inc.

Supreme Court of North Carolina.

December 16, 1953.

Attorney(s) appearing for the Case

Basil L. Whitener and Grady B. Stott, Gastonia, for plaintiff, appellee.

Mullen, Holland & Cooke, Gastonia, for defendant, appellant.

JOHNSON, Justice.

The evidence was insufficient to require the submission of the defendant's tendered issue based on the doctrine of last clear chance. No error has been made to appear in respect to the court's refusal to submit this issue. Aydlett v. Keim, 232 N.C. 367, 61 S.E.2d 109; Ingram v. Smoky Mountain Stages, 225 N.C. 444, 35 S.E.2d 337. See also Matheny v. Central Motor Lines,

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