KIRBY v. FULBRIGHT

No. 601.

136 S.E.2d 652 (1964)

262 N.C. 144

Howard E. KIRBY v. James Alexander FULBRIGHT, DeHart Motor Lines, Inc. and Coastal Truckways, Inc.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

Jordan, Wright, Henson & Nichols, William B. Rector, Jr., Smith, Moore, Smith, Schell & Hunter, and Stephen Millikin, Greensboro, for plaintiff appellee.

Lovelace & Hardin, High Point, for defendant appellants.


BOBBITT, Justice.

In this Court, on oral argument, defendants, through their counsel, abandoned all their assignments of error except those which present two questions, viz.: 1. Are defendants entitled to judgment of nonsuit? 2. If not, does the evidence disclose as a matter of law that Thompson was contributorily negligent as alleged in the answer?

The substantive rights and liabilities of the parties are to be determined in accordance with the law...

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