WHITLEY v. CITY OF DURHAM

No. 676.

122 S.E.2d 784 (1961)

256 N.C. 106

James WHITLEY v. CITY OF DURHAM.

Supreme Court of North Carolina.

December 13, 1961.


Attorney(s) appearing for the Case

Lisbon C. Berry, Jr., Wilmington, and Daniel K. Edwards, Durham, for plaintiff appellant.

Claude V. Jones, Durham, for defendant appellee.


PER CURIAM.

On oral argument counsel for defendant properly conceded the evidence was sufficient to support the answers to the first and third issues and if plaintiff was entitled to recover, the attorney's fee fixed by the court was within the statutory authority of that court. G.S. § 6-21.1.

The sole question for decision therefore is: Does the evidence establish as a matter of law plaintiff's negligence proximately contributing to his injury? Our examination...

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