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PRICE v. MILLER

No. 207.

157 S.E.2d 347 (1967)

271 N.C. 690

Pinky Murrell PRICE, Administratrix of the Estate of Lawyer Murrell, Deceased v. Geraldine MILLER.

Supreme Court of North Carolina.

November 1, 1967.

Attorney(s) appearing for the Case

Beech & Pollock, Kinston, for plaintiff, appellant.

Joseph C. Olschner, Jacksonville, for defendant, appellee.

BRANCH, Justice.

This appeal raises two questions. (1) Did plaintiff offer sufficient evidence of actionable negligence on the part of defendant to carry the case to the jury? (2) If so, does plaintiff's evidence establish contributory negligence as a matter of law?

"In passing on a motion for a judgment of involuntary nonsuit, we are required to take plaintiff's evidence as true, and to consider it in the light most favorable to him, and to give him the...

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