BREWER v. GARNER

No. 619.

147 S.E.2d 920 (1966)

267 N.C. 219

Hubert Thyrone BREWER v. Olden Donnell GARNER and Magdalene Hughes Garner.

Supreme Court of North Carolina.

May 4, 1966.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Jordan, Wright, Henson & Nichols, by G. Marlin Evans, Greensboro, for defendant appellees.


HIGGINS, Justice.

The sufficiency of the evidence to go to the jury on the issues of negligence and contributory negligence was not seriously challenged at the first trial. The case went back because of errors in the admission and exclusion of evidence. Not directly, but by implication the decision recognized the right of the plaintiff to have the jury pass on the issues involved. Of course, where the evidence is materially different at a second trial, the former...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases