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CARR v. STEWART

No. 166.

113 S.E.2d 18 (1960)

252 N.C. 118

Glenn CARR, by his next friend, Huey Frank Carr, v. Lexton O'Neil STEWART and Lessie Honeycutt Stewart.

Supreme Court of North Carolina.

March 2, 1960.

Attorney(s) appearing for the Case

Chesnutt & Chambliss, Clinton, for plaintiff.

Butler, Butler & Lee, Clinton, for defendant.

DENNY, Justice.

In our opinion, the plaintiff's testimony when considered in the light most favorable to him is sufficient to carry the case to the jury. The issues of negligence and contributory negligence raised by the pleadings present questions to be resolved by a jury and not by the court.

In the case of State v. Hill, 233 N.C. 61, 62 S.E.2d 532, 534, Ervin, J., speaking for the Court...

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