GUNTER v. WINDERS

No. 670.

123 S.E.2d 475 (1962)

256 N.C. 263

Wesley C. GUNTER v. William R. WINDERS, Guardian Ad Litem for Billy Ray Allen, Oran J. Cottle, Horace Junior Efrid, and Miller Motor Express, Inc.

Supreme Court of North Carolina.

January 12, 1962.


Attorney(s) appearing for the Case

Daniel K. Edwards, Durham, for plaintiff-appellant.

Bryant, Lipton, Strayhorn & Bryant, Victor S. Bryant, Jr., Durham, for defendants William R. Winders, Guardian Ad Litem for Billy Ray Allen, and Oran J. Cottle, appellees.


HIGGINS, Justice.

The plaintiff assigns as error the failure of the court (1) to submit an issue of last clear chance and (2) to charge correctly with respect to the causal relationship between the plaintiff's contributory negligence and his own injury. Actually the two propositions involve the same legal concept of liability—the proximate cause of the injury.

The last clear chance doctrine is applicable...

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