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OUTLAW v. GURLEY

No. 360.

153 S.E.2d 490 (1967)

269 N.C. 755

Brownie OUTLAW v. Lester GURLEY and Leonard Outlaw.

Supreme Court of North Carolina.

March 29, 1967.

Attorney(s) appearing for the Case

Beech & Pollock, by H. E. Beech, Kinston, for plaintiff appellant.

Wallace, Langley & Barwick, by F. E. Wallace, Jr., Kinston, for defendant appellee Leonard Outlaw.

Whitaker, Jeffress & Morris, by A. H. Jeffress, Kinston, for defendant appellee Lester Gurley.

PER CURIAM.

Plaintiff assigns as error this part of the charge: "However, I have also told you that negligence alone is not sufficient grounds for recovery of damages, but before it becomes actionable negligence IT MUST BE THE PROXIMATE CAUSE OF THE INJURY AND DAMAGE." Reading the charge in its entirety, it appears that seven times before the challenged part of the charge, and then immediately after the challenged part of the charge, the judge, in applying the law...

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