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WATSON v. STALLINGS

No. 612.

154 S.E.2d 308 (1967)

270 N.C. 187

Robert Benjie WATSON, Minor, by his Next Friend, Robert E. Watson v. Patrick Meyers STALLINGS.

Supreme Court of North Carolina.

May 3, 1967.

Attorney(s) appearing for the Case

Spence & Mast, Smithfield, for plaintiff appellant.

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant appellee.

BOBBITT, Justice.

Whether the evidence was sufficient to warrant the submission of the first issue and the jury's finding in favor of plaintiff thereon is not presented. The judgment from which plaintiff appeals is based on the jury's answer to the contributory negligence issue.

Prior to trial, plaintiff examined defendant adversely as provided in G.S. Chapter 1, Article 46. At trial, defendant did not testify....

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