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SPARKS v. PHIPPS

No. 398.

122 S.E.2d 496 (1961)

255 N.C. 657

William Marshall SPARKS, by his Next Friend, Thomas D. Sparks, Plaintiff, v. J. H. PHIPPS and E. F. Craven Company, Defendants.

Supreme Court of North Carolina.

November 22, 1961.

Attorney(s) appearing for the Case

James J. Booker and Eugene H. Phillips, Winston-Salem, for plaintiff, appellant.

Womble, Carlyle, Sandridge & Rice, by Charles F. Vance, Jr., Winston-Salem, for defendants, appellees.

PARKER, Justice.

All of plaintiff's assignments of error, except formal ones, relate to the court's charge to the jury.

Plaintiff assigns as error that the court failed to instruct the jury in respect to the first issue of negligence as to the legal duties defendants owed plaintiff arising on the evidence given in the case.

Plaintiff relies on what is said in Greene v. Mitchell County Board of Education, 237 N.C. 336

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