WALKER v. WALKER

No. 382.

124 S.E.2d 807 (1962)

256 N.C. 696

Bobby James WALKER, by his next friend, Jonah Walker, Plaintiff, v. Fred Lee WALKER, Defendant.

Supreme Court of North Carolina.

April 11, 1962.


Attorney(s) appearing for the Case

Haywood & Denny, George W. Miller, Jr., Durham, and R. B. Dawes, Sr., Roxboro, for plaintiff.

Charles B. Wood, Roxboro, for defendant.


PER CURIAM.

Defendant concedes that plaintiff has made out a prima facie case of negligence on the defendant's part, but contends that plaintiff should have been nonsuited for that: (1) plaintiff was contributorily negligent as a matter of law, and (2) the evidence of plaintiff's mental incapacity is not sufficient to support a verdict on that issue.

The evidence tends to show that plaintiff ordinarily relied on members of his family for guidance, supervision...

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