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WELCH v. JENKINS

No. 618.

155 S.E.2d 763 (1967)

271 N.C. 138

Harry Alan WELCH, a minor, by His Next Friend, M. R. Johnson, Plaintiff, v. Jim Ervin JENKINS and Flake B. Chipley, Inc., Defendants.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Pittman, Staton & Betts, Sanford, for plaintiff appellant.

Gavin, Jackson & Gavin, Sanford, for defendant appellees.

SHARP, Justice.

After defining contributory negligence and explaining that if the negligence of both plaintiff and defendants concurred as proximate causes of plaintiff's injuries, he could not recover, the court charged the jury as follows:

"Now it becomes necessary to consider what duty or duties the law imposed upon the plaintiff in the riding of his bicycle upon the highway. In the first place, the law requires the plaintiff to keep a reasonable and proper...

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