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BRANCH v. GURLEY

No. 363.

147 S.E.2d 587 (1966)

267 N.C. 44

Arthur BRANCH v. Lester GURLEY and Leonard Outlaw.

Supreme Court of North Carolina.

April 13, 1966.

Attorney(s) appearing for the Case

Beech & Pollock, by H. E. Beech, Kinston, for plaintiff appellee.

Whitaker, Jeffress & Morris, by A. H. Jeffress, Kinston, for defendant Lester Gurley, appellant.

Wallace, Langley & Barwick, by F. E. Wallace, Jr., Kinston, for defendant Leonard Outlaw, appellant.

HIGGINS, Justice.

The judgment here for review is based on the jury's answers (1) to the issue of negligence returned at the trial before Judge Hubbard, and (2) to the issue of damages returned at the trial before Judge Clark. Judge Hubbard, having set aside the verdict on the issue of damages only, as he had the right to do in his discretion, Hinton v. Cline, 238 N.C. 136, 76 S.E.2d 162, the defendants...

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