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GARRENTON v. MARYLAND

No. 93.

91 S.E.2d 596 (1956)

243 N.C. 614

Mrs. C. G. GARRENTON and Farm Bureau Mutual Automobile Insurance Company v. Willie C. MARYLAND.

Supreme Court of North Carolina.

February 29, 1956.

Attorney(s) appearing for the Case

Richard Powell, Greenville, and Taylor & Mitchell, Raleigh, for defendant appellant.

No counsel contra.

BARNHILL, Chief Justice.

The Court in its charge on the second issue instructed the jury as follows:

"The court charges you upon this issue that if the defendant has satisfied you from the evidence and by the greater weight of the evidence that each of the following two essential elements existed with respect to plaintiff's alleged damages, namely: First, that at the time and place in question plaintiff was guilty of negligence in the operation of her automobile...

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