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McGINNIS v. SMITH

No. 175.

116 S.E.2d 177 (1960)

253 N.C. 70

Alice McGINNIS v. Gerald Thomas SMITH and Thomas Ennis Smith.

Supreme Court of North Carolina.

September 28, 1960.

Attorney(s) appearing for the Case

Dolley & DuBose, Gastonia, for plaintiff appellant.

Whitener & Mitchem, Gastonia, for defendant appellees.

PER CURIAM.

The admission by defendant driver of a violation of G.S. § 20-152(a) is sufficient to require jury determination of the question of actionable negligence. The evidence with respect to contributory negligence is sufficient to permit but not compel an affirmative answer to that issue raised by the pleadings.

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