JACKSON v. JONES

No. 6812SC376.

163 S.E.2d 31 (1968)

2 N.C. App. 441

James Henry JACKSON, an infant by and through his next friend, Harold D. Downing v. David JONES, Jr., and Aberdeen and Rockfish Railroad Co.

Court of Appeals of North Carolina.

September 25, 1968.


Attorney(s) appearing for the Case

Anderson, Nimocks & Broadfoot, McCoy, Weaver, Wiggins, Cleveland & Raper, by Richard M. Wiggins, Fayetteville, for appellant.

Quillin, Russ, Worth & McLeod, by Walker Y. Worth, Fayetteville, for appellees.


CAMPBELL, Judge.

The plaintiff assigns as error the charge of the trial court in four particulars.

One, the plaintiff asserts that the trial judge committed error by charging the jury that, "(t)he law does not require prevision of a person." The plaintiff states that "prevision is synonymous with foreseeability, which is an essential element of proximate cause." Another meaning of "prevision" is "prescience"; and when this portion of the charge is read in...

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