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SMITH v. CITY OF KINSTON

No. 305.

105 S.E.2d 648 (1958)

249 N.C. 160

Cecil Norman SMITH v. CITY OF KINSTON, North Carolina, a municipal corporation.

Supreme Court of North Carolina.

November 19, 1958.

Attorney(s) appearing for the Case

Wallace & Wallace, William F. Simpson, Kinston, for plaintiff appellant.

Sutton & Greene, Kinston, for defendant appellee.

WINBORNE, Chief Justice.

Passing without deciding the question as to whether defendant was negligent as alleged in the complaint, it is manifest from the evidence that plaintiff failed to exercise due care at the time and under the circumstances of his injury, and that such failure on his part contributed to, and was a proximate cause of his injury and damage. It need not be the sole proximate cause. It is sufficient to...

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