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FISHEL v. CARPENTER

No. 377.

122 S.E.2d 201 (1961)

255 N.C. 576

Agnes G. FISHEL v. Donald E. CARPENTER.

Supreme Court of North Carolina.

November 1, 1961.

Attorney(s) appearing for the Case

Hoyle C. Ripple; Deal, Hutchins & Minor, by Roy L. Deal, Winston-Salem, for plaintiff, appellee.

Hudson, Ferrell, Petree, Stockton & Stockton, by R. M. Stockton, Jr., Norwood Robinson, Winston-Salem, for defendant, appellant.

PER CURIAM.

The defendant assigns as error the refusal of the court to submit an issue of plaintiff's negligence both as a bar to plaintiff's recovery and as a basis for defendant's counterclaim. The evidence, however, was insufficient to permit a reasonable inference of plaintiff's negligence. The assignment of error is not sustained. Reason does not appear why the judgment should be disturbed.

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