HOWARD v. HOYLE

No. 247.

127 S.E.2d 582 (1962)

257 N.C. 795

Benjamin HOWARD, by his next friend, Luther Howard v. Edward Eugene HOYLE. Luther HOWARD. v. Edward Eugene HOYLE. Willie J. TAYLOR v. Edward Eugene HOYLE.

Supreme Court of North Carolina.

October 17, 1962.


Attorney(s) appearing for the Case

Wyche, Nivens & Brown, Charlotte, for plaintiff-appellants.

Haynes & Bernstein, Charlotte, for defendant-appellee.


PER CURIAM.

Plaintiffs assigned as error, inter alia, portions of the court's instructions relating to the first issue(s), including that quoted below.

The court's instruction as to proximate cause, as it appears in the record before us, was as follows: "The proximate cause of the injury is the efficient cause, the cause without which it would not have occurred, and the showing of negligence without showing that was the proximate cause of the injury...

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