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WITHERSPOON v. FLOWERS

No. 195.

156 S.E.2d 856 (1967)

271 N.C. 466

Georgia Ann WITHERSPOON v. Fred FLOWERS, Administrator of the Estate of Charles Lee Hopper.

Supreme Court of North Carolina.

September 27, 1967.

Attorney(s) appearing for the Case

Frank Patton Cooke, Gastonia, for defendant appellant.

Horn, West & Horn, by J. A. West, Shelby, for plaintiff appellee.

PER CURIAM.

The plaintiff's evidence was sufficient to carry the case to the jury on the issues of the actionable negligence of defendant's intestate and of the plaintiff's damages as a result thereof. The burden of proof on the contributory negligence issue was on the defendant. The jury found he did not carry that burden. The record fails to disclose any error of law in the trial.

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