MOORE v. HALES

No. 695.

146 S.E.2d 385 (1966)

266 N.C. 482

Willie Isaiah MOORE v. Grace McDonald HALES and John Hanes Hales.

Supreme Court of North Carolina.

February 4, 1966.


Attorney(s) appearing for the Case

Lee & Lee and David M. Dansby, Jr., Greensboro, for plaintiff appellant.

Smith, Moore, Smith, Schell & Hunter, Greensboro, for defendant appellees.


BOBBITT, Justice.

The crucial question is whether the court erred in submitting the issue as to contributory negligence.

While a defendant has the burden of proof on the issue of contributory negligence, he "is entitled to have the evidence bearing on that issue considered in the light most favorable to him in determining whether there is sufficient evidence of contributory negligence to be submitted to the jury." 3 Strong, N.C.Index, Negligence § 25...

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