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CORRELL v. GASKINS

No. 528.

139 S.E.2d 202 (1964)

263 N.C. 212

William Carl CORRELL, Plaintiff, v. Boyce Allen GASKINS, Defendant.

Supreme Court of North Carolina.

December 16, 1964.

Attorney(s) appearing for the Case

Kesler & Seay, Salisbury, for plaintiff appellee.

Kluttz & Hamlin, Salisbury, for defendant appellant.

BOBBITT, Justice.

Defendant's assignments of error, based on exceptions duly taken, challenge the sufficiency of the court's instructions relating to the contributory negligence issue.

G.S. § 1-180 requires the trial judge, when instructing the jury, to relate and apply the law to the variant factual situations having support in the evidence. Westmoreland v. Gregory, 255 N.C. 172, 177, 120 S.E.2d 523

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