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RODGERS v. CARTER

No. 31.

146 S.E.2d 806 (1966)

266 N.C. 564

Boley RODGERS, Administrator of the Estate of Shirley Faye Rodgers, Deceased, v. James Monroe CARTER and Sophia Beacham Jackson.

Supreme Court of North Carolina.

March 2, 1966.

Attorney(s) appearing for the Case

R. L. Coburn, Williamston, for plaintiff.

Rodman & Rodman, Washington, N. C., for defendants.

LAKE, Justice.

Upon the issue of negligence, which the jury answered in favor of the defendants, the trial judge instructed the jury:

"Now, the defendant relies upon what we know in law as the doctrine of sudden emergency and the court instructs you that this sudden emergency is that he was confronted with something out of the ordinary suddenly and the court instructs you that a person confronted with a sudden emergency is not held to the same degree of care...

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