FIRST UNION NATIONAL BANK OF N. C. v. HACKNEY

No. 276.

154 S.E.2d 512 (1967)

270 N.C. 437

FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Administrator c. t. a., d. b. n. of the Estate of Susan Borden Umphlett, Dec'd, v. John N. HACKNEY, Executor of the Estate and Last Will and Testament of W. W. Umphlett, Jr.

Supreme Court of North Carolina.

May 24, 1967.


Attorney(s) appearing for the Case

Gardner, Connor & Lee, Wilson, for plaintiff appellant.

Battle, Winslow, Scott & Wiley, Rocky Mount, for defendant appellee.


PER CURIAM:

Plaintiff's Assignment of Error No. 37 is that the court failed (1) "to charge the jury as to the duty of defendant's testate as the owner and operator of a motor vehicle in the maintenance of the tires of the vehicle" and (2) "to apply this legal duty to the evidence offered by the plaintiff in this cause." With reference to this duty, his Honor charged the jury as follows:

"I instruct you that it...

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