LUCAS v. BRITT

No. 855.

142 S.E.2d 129 (1965)

264 N.C. 601

Hennie P. LUCAS v. Henry Harold BRITT.

Supreme Court of North Carolina.

June 2, 1965.


Attorney(s) appearing for the Case

Johnson, McIntyre, Hedgepeth, Biggs & Campbell, Lumberton, for defendant appellant.

Henry & Henry, Lumberton, for plaintiff appellee.


PER CURIAM.

Defendant has no exception to the evidence. The charge was omitted from the record. Appellant, in his brief, asks only one question: Did the court err in refusing to allow his motion to nonsuit?

In the absence of the charge, we must assume that the court made it clear to the jury that their answers to the issues submitted depended entirely on their evaluation of conflicting testimony. The collision occurred in the daytime. Plaintiff was traveling...

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