NIX v. ENGLISH

No. 170.

119 S.E.2d 220 (1961)

254 N.C. 414

Eva NIX v. Ira ENGLISH and Ophella Smith.

Supreme Court of North Carolina.

April 12, 1961.


Attorney(s) appearing for the Case

O. A. Warren and Whitener & Mitchem, Gastonia, for plaintiff, appellee.

Carpenter, Webb & Golding, Charlotte, for defendant, appellant.


BOBBITT, Justice.

The court's instructions refer solely to allegations of defendant's gross negligence set forth in plaintiff's "further Reply." They assume defendant lost control when stricken by an attack of insulin shock. The court's review of plaintiff's contentions on the first issue (gross negligence of defendant) was based on the testimony of defendant that she knew she had a headache when she was in Clarkesville and on the testimony of Smith that defendant...

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