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McNAIR v. GOODWIN

No. 364.

141 S.E.2d 22 (1965)

264 N.C. 146

Paul McNAIR, A Minor Represented herein by Channie McNair, His Next Friend, v. Marion Cole GOODWIN.

Supreme Court of North Carolina.

March 24, 1965.

Attorney(s) appearing for the Case

James N. Smith and W. Harrell Everett, Jr., Goldsboro, for plaintiff.

Braswell & Strickland, Goldsboro, for defendant.

PER CURIAM:

As his last mandate to the jury on the first issue, his Honor instructed as follows:

"If the plaintiff has failed to satisfy you of any one of the alleged acts of negligence, from the evidence, or by its greater weight, or has further failed to satisfy you that either one or more of such alleged acts of negligence, if he has satisfied you of their truth beyond a reasonable doubt, was one of the proximate...

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