SIMPSON v. WOOD

No. 20.

132 S.E.2d 369 (1963)

260 N.C. 157

Jerry A. SIMPSON v. Burl WOOD.

Supreme Court of North Carolina.

September 18, 1963.


Attorney(s) appearing for the Case

Hamrick & Jones, Rutherfordton, and Oscar J. Mooneyham, Forest City, for plaintiff appellant.

Jones & Jones, Forest City, for defendant appellee.


DENNY, Chief Justice.

Assignments of error Nos. 3 and 4 challenge the correctness of certain portions of the charge of the court to the jury.

Assignment of error No. 3 is to the following portion of the court's charge: "The court instructs you that by `traveled portion' of a highway, means that portion intended for normal travel, and not that part intended for emergency use only. It means, again, that portion of the roadbed that customary and usual travel...

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