BARBER v. HEEDEN

No. 608.

144 S.E.2d 886 (1965)

265 N.C. 682

Dayton Lamonde BARBER v. William Mitchell HEEDEN and Patricia Anne Heeden.

Supreme Court of North Carolina.

November 24, 1965.


Attorney(s) appearing for the Case

Emanuel & Emanuel, Raleigh, for plaintiff appellee.

Young, Moore & Henderson, Raleigh, for defendant appellants.


BOBBITT, Justice.

Defendants, in their brief, contend (1) that the evidence was insufficient to warrant submission of an issue as to defendants' alleged actionable negligence, and (2) that plaintiff's evidence discloses contributory negligence as a matter of law, and therefore the court erred in overruling their motion made at the conclusion of all the evidence for judgment of nonsuit. However, careful consideration impels the conclusion that the evidence, when considered...

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