UNDERWOOD v. USHER

No. 179.

135 S.E.2d 201 (1964)

261 N.C. 491

Oscar Lee UNDERWOOD, by His Next Friend, Elvira Underwood, v. William Henry USHER.

Supreme Court of North Carolina.

March 25, 1964.


Attorney(s) appearing for the Case

Britt & Warren, by Miles B. Fowler, Clinton, for defendant appellant.

Bryan & Bryan, by Robert C. Bryan, Dunn, for plaintiff appellee.


PARKER, Justice.

Both parties introduced evidence. Defendant assigns as error the court's denial of his motion for judgment of involuntary nonsuit made at the close of all the evidence.

Defendant in his brief concedes actionable negligence on his part, but contends that his motion for judgment of involuntary nonsuit should have been allowed by the trial court, for the reason that plaintiff's evidence clearly shows that by his own negligence he proximately...

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