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LEE v. STEVENS

No. 526.

111 S.E.2d 623 (1959)

251 N.C. 429

Maude T. LEE v. James R. STEVENS and wife, Evelyn K. Stevens.

Supreme Court of North Carolina.

December 16, 1959.

Attorney(s) appearing for the Case

Edgar R. Bain, Lillington, and Wilson & Johnson, by W. A. Johnson, Dunn, for plaintiff, appellee.

Broughton & Broughton, Raleigh, and D. K. Stewart, Dunn, for defendants, appellants.

HIGGINS, Justice.

The evidence favorable to the plaintiff is sufficient to go to the jury on the issue of defendants' actionable negligence in causing the accident on February 14, 1957. It is likewise sufficient to show the plaintiff suffered injury and damage as a result of that accident. Upon a finding of actionable negligence, the showing of damage in any amount will take the case to the jury. Assignment of Error No. 13, therefore, cannot be sustained.

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