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DAY v. DAVIS

No. 364.

151 S.E.2d 556 (1966)

268 N.C. 643

Eddie F. DAY v. Patricia Ann DAVIS, a Minor, and William B. Davis.

Supreme Court of North Carolina.

December 14, 1966.

Attorney(s) appearing for the Case

Sasser & Duke and Herbert B. Hulse, Goldsboro, for plaintiff-appellant.

Dees, Dees, Smith & Powell, Goldsboro, for defendant-appellees.

BRANCH, Justice.

Plaintiff challenges the trial judge's instructions in that he failed to properly relate the doctrine of sudden emergency to the issue of contributory negligence. First, we must determine if plaintiff was entitled to any instructions on the doctrine.

This Court, considering this doctrine in the case of Cockman v. Powers, 248 N.C. 403, 103 S.E.2d 710, stated: "`One who is required...

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