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BATTLE v. CHAVIS

No. 274.

147 S.E.2d 387 (1966)

266 N.C. 778

Helen D. BATTLE, Administratrix of the Estate of Bernard L. Battle, Deceased, v. Langley Taylor CHAVIS.

Supreme Court of North Carolina.

March 30, 1966.

Attorney(s) appearing for the Case

Spruill, Trotter & Lane, by DeWitt C. McCotter, III, Rocky Mount, for plaintiff appellant.

Fields & Cooper and Leon Henderson, Jr., by Milton P. Fields, Rocky Mount, for defendant appellee.

PLESS, Justice.

In her brief the plaintiff concedes that in order to prevail she must do so on the doctrine of last clear chance. In Wade v. Jones Sausage Co., 239 N.C. 524, 80 S.E.2d 150, the court sets forth the four elements of the last clear chance doctrine which must be established before a pedestrian may recover against the driver of a motor vehicle. "Where an injured pedestrian who has been...

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