BAXLEY v. CAVENAUGH

No. 173

92 S.E.2d 68 (1956)

243 N.C. 677

Edna C. BAXLEY v. A. A. CAVENAUGH and James M. Cavenaugh.

Supreme Court of North Carolina.

March 21, 1956.


Attorney(s) appearing for the Case

Roland C. Braswell and Calvin B. Bryant, Goldsboro, for plaintiff-appellant.

Grady Mercer, Kenansville, for defendants-appellees.


BOBBITT, Justice.

The court, in reviewing defendant's testimony, stated to the jury: "He testified * * *, (and that the left-hand door that had not been so that it would not lock before the wreck, came open) * * *."

The court, in reviewing defendant's contentions, stated to the jury: "The defendant * * * says and contends * * * that he was driving with prudence and care and with due care, (but that a door that had not theretofore been so that it would fly...

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