KESLER v. STOKES

No. 610.

141 S.E.2d 489 (1965)

264 N.C. 357

Ruth KESLER v. J. C. STOKES and Worth T. Kesler.

Supreme Court of North Carolina.

April 28, 1965.


Attorney(s) appearing for the Case

George R. Uzzell, Robert M. Davis, Salisbury, for plaintiff appellee.

Woodson, Hudson & Busby, by Nelson Woodson, Max Busby, Salisbury, for defendant Kesler, appellant.

Kluttz & Hamlin, by Lewis P. Hamlin, Jr., Salisbury, for defendant Stokes, appellant.


PER CURIAM.

The pleadings and the evidence were sufficient to require the submission of a separate issue of negligence against each defendant. The judge, in setting aside the jury's finding that Stokes was not negligent, and in refusing to set aside the finding that Kesler was negligent, acted within the discretionary power vested in him. The decisions are not subject to review.

Stokes alone assigns as error that...

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