SAUNDERS v. WARREN

No. 454.

149 S.E.2d 19 (1966)

267 N.C. 735

Robert Edward SAUNDERS v. Rufus George WARREN and Radig Vault Company, Inc., a corporation.

Supreme Court of North Carolina.

July 6, 1966.


Attorney(s) appearing for the Case

White, Crumpler, Powell, Pfefferkorn & Green, Winston-Salem, for plaintiff, appellant.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, and J. Robert Elster, Winston-Salem, for defendants, appellees.


EMERY B. DENNY, Emergency Justice.

This case was here at the Spring Term 1965. The first trial ended in a judgment as of nonsuit at the close of plaintiff's evidence. On appeal we reversed, holding the evidence was sufficient to require determination by the jury under appropriate instructions on the issues raised by the pleadings. The pleadings raised the issues of negligence, contributory negligence and damages.

The appellant assigns as error the submission...

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