PRESNELL v. PAYNE

No. 613.

157 S.E.2d 601 (1967)

272 N.C. 11

Pearl Thompson PRESNELL, Administratrix of the Estate of Henry Junior Presnell, Deceased, v. Mayberry PAYNE and Russell Dean Fowler.

Supreme Court of North Carolina.

November 22, 1967.


Attorney(s) appearing for the Case

John Randolph Ingram, Asheboro, for plaintiff appellant.

Miller, Beck & O'Briant, Asheboro, and Steve Glass, by Adam W. Beck, for defendant appellee Payne.

Coltrane & Gavin, by T. Worth Coltrane, Jerry M. Shuping, Asheboro, for defendant appellee Fowler.


HIGGINS, Justice.

The plaintiff does not concede her intestate was contributorily negligent, as alleged in the answer, by voluntarily riding on the fender of the defendant's truck. Nevertheless, the plaintiff does stressfully contend that if it be determined by the Court as a matter of law, or by the jury as an issue of fact, that the plaintiff's intestate was contributorily negligent, nevertheless plaintiff is entitled to recover upon the ground that defendant Fowler...

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