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GATHINGS v. SEHORN

No. 163.

121 S.E.2d 873 (1961)

255 N.C. 503

Lawrence GATHINGS v. John Henry SEHORN.

Supreme Court of North Carolina.

October 11, 1961.

Attorney(s) appearing for the Case

Dolley & DuBose, Gastonia, for plaintiff appellant.

Hollowell & Stott, Gastonia, for defendant appellee.

WINBORNE, Chief Justice.

The plaintiff contends that the judge below committed prejudicial error in his charge to the jury in that he included the plaintiff's requested instruction on the issue of contributory negligence in the portion of his charge relative to the first issue, or defendant's negligence. This, the plaintiff contends, confused and misled the jury.

We cannot agree with this contention. The record reveals that the trial judge did explain a portion...

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