MAY v. SOUTHERN RAILWAY COMPANY

No. 594.

129 S.E.2d 624 (1963)

259 N.C. 43

Melvin T. MAY, Administrator of the Estate of Eva Rebecca May Butner, Deceased, v. SOUTHERN RAILWAY COMPANY, W. B. Stanley, Clarence C. Kingsbury, J. M. Forrester, G. S. Stafford and J. W. Scott.

Supreme Court of North Carolina.

March 6, 1963.


Attorney(s) appearing for the Case

Frazier & Frazier, by H. Vernon Hart, Greensboro, for plaintiff appellant.

McLendon, Brim, Holderness & Brooks, Greensboro, for defendant appellees.


SHARP, Justice.

The jury having answered the issue of contributory negligence against the plaintiff, the defendants are entitled to a judgment unless there is error in the trial below entitling the plaintiff to a venire de novo. Bullard v. Ross, 205 N.C. 495, 171 S.E. 789.

There is error in the charge on the fourth issue which, nothing else appearing, would entitle the plaintiff to a new trial. His Honor, in effect, charged the jury that if Mrs. Butner...

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