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PEARCE v. BARHAM

No. 527.

149 S.E.2d 22 (1966)

267 N.C. 707

Marion Ruth PEARCE v. Beulah P. BARHAM, Administratrix of Calvin W. Barham, Deceased, and Dolly Barham.

Supreme Court of North Carolina.

July 6, 1966.

Attorney(s) appearing for the Case

Everett, Creech & Hicks, by Robinson O. Everett, Raleigh, for plaintiff appellant.

Dupree, Weaver, Horton, Cockman & Alvis, by F. T. Dupree, Jr., Jerry S. Alvis, Raleigh, for defendant appellees.

HIGGINS, Justice.

Three issues were raised by the pleadings: (1) Did the plaintiff suffer injury and damage as a result of the defendant's negligence? (2) Did the plaintiff, by her own negligence, contribute to her injury? (3) What damage, if any, is the plaintiff entitled to recover? Only evidence which had bearing on these issues and tended to aid the jury in finding the proper answers to them should have been admitted...

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