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WILLIAMS v. HALL

No. 68SC150.

162 S.E.2d 84 (1968)

1 N.C. App. 508

Daniel W. WILLIAMS, Administrator of the Estate of James Daniel Williams v. Calvin Coolidge HALL and Dubose Lumber Corporation.

Court of Appeals of North Carolina.

July 10, 1968.

Attorney(s) appearing for the Case

D. K. Stewart and Bryan, Bryan & Johnson, by Robert C. Bryan, Dunn, for plaintiff appellant.

Holland & Poole, by R. Maurice Holland, Roseboro, Butler & Butler, by Edwin E. Butler, Clinton, and Morgan & Jones, by Robert B. Morgan, Lillington, for defendants appellees.

BRITT, Judge.

Two questions are presented for our determination: (1) Was the evidence offered by plaintiff sufficient to make out a case of actionable negligence against the defendants? (2) Did the plaintiff's evidence, considered in the light most favorable to him, show that plaintiff's intestate was contributorily negligent as a matter of law?

In their brief and argument on this appeal, defendants apparently have conceded,

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