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JONES v. HOLT

No. 296.

150 S.E.2d 759 (1966)

268 N.C. 381

Lucille C. JONES v. Robert Lee HOLT and Orvis Elwood Carroll.

Supreme Court of North Carolina.

November 2, 1966.

Attorney(s) appearing for the Case

Warren C. Stack, Charlotte, for plaintiff appellant.

Helms, Mulliss, McMillan & Johnston, Charlotte, for defendant appellees.

LAKE, Justice.

A defendant, relying upon contributory negligence for his defense, must allege in his answer facts which, if true, constitute negligence by the plaintiff and must prove the negligence so alleged. G.S. § 1-139; Moore v. Hales, 266 N.C. 482, 146 S.E.2d 385. The burden of proof being upon the defendant, the issue of contributory negligence should not be submitted to the jury if the...

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