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HOOTS v. BEESON

No. 456.

159 S.E.2d 16 (1968)

272 N.C. 644

Dan HOOTS, Administrator of the Estate of Timothy Ray Hoots v. Ray Ellis BEESON.

Supreme Court of North Carolina.

February 2, 1968.

Attorney(s) appearing for the Case

H. Smith Williams, Yadkinville, and R. Lewis Alexander, Elkin, for plaintiff appellant.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, for defendant appellee.

BOBBITT, Justice.

There was ample evidence to warrant submission of the negligence and contributory negligence issues and to support the jury's findings thereon. The jury answered the negligence issue, "Yes." The question for decision is whether there was error in the portion of the court's charge relating to the contributory negligence issue.

Plaintiff excepts, inter alia, to the following portions of the court's instructions to the jury: (1) "It being...

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