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PHILLIPS v. NORTH CAROLINA RAILROAD COMPANY

No. 529.

125 S.E.2d 603 (1962)

257 N.C. 239

Frank Fulton PHILLIPS, Administrator of William Wayne Phillips, deceased, v. NORTH CAROLINA RAILROAD COMPANY and Southern Railway Company.

Supreme Court of North Carolina.

May 23, 1962.

Attorney(s) appearing for the Case

W. H. Beckerdite, Kannapolis, and E. T. Bost, Jr., Concord, for plaintiff appellant.

Hartsell, Hartsell & Mills, by William L. Mills, Jr., Concord, and W. T. Joyner, Raleigh, for defendants appellees.

PARKER, Justice.

All of the plaintiff's assignments of error are to the charge of the court to the jury; he has none to the evidence.

Assignment of error number one relates to the charge on the second issue, contributory negligence. On that issue the court correctly placed the burden of proof on defendants, and charged as follows:

"(Now, inasmuch as the issue is submitted to you on contributory negligence, the Court will have to define contributory...

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