WOODWARD v. SHOOK

No. 6825SC422.

164 S.E.2d 46 (1968)

3 N.C. App. 129

Walter C. WOODWARD v. Sudie SHOOK and Roy Garland Shook.

Court of Appeals of North Carolina.

November 20, 1968.


Attorney(s) appearing for the Case

Larry W. Pitts and Corne & Warlick, by Stanley J. Corne, Newton, for plaintiff appellant.

Patrick, Harper & Dixon, by Bailey Patrick, Hickory, for defendant appellees.


MORRIS, Judge.

Plaintiff's assignments of error are all directed to the charge to the jury.

Plaintiff argues that the trial court failed to apply the law of the case to the facts in evidence as required by G.S. § 1-180.

The exception on which this assignment of error is based is to the charge on the first issue.

The court had previously summarized the evidence, instructed on burden of proof; defined actionable negligence, foreseeability...

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