BRUNSON v. GAINEY

No. 522.

95 S.E.2d 514 (1956)

245 N.C. 152

Otis C. BRUNSON, Administrator of Bobby Ray Brunson, Minor Child, Deceased, v. Harold Hartwell GAINEY.

Supreme Court of North Carolina.

December 12, 1956.


Attorney(s) appearing for the Case

Bryan & Bryan, Dunn, for plaintiff appellant.

Young, Lamm & Taylor, Lillington, for defendant appellee.


RODMAN, Justice.

Plaintiff, by assignments of error 9, 11, 14, and 15, presents for consideration the accuracy of the charge, as related to the defense asserted by defendant, that he was confronted by a sudden emergency.

Plaintiff testified: "that the defendant passed by the deceased's house about three or four times a day, and sometimes more than that; that the defendant passed the deceased's house every single day; that the home of the deceased had a small...

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