TOLER v. BRINK'S, INC.

No. 68SC12.

161 S.E.2d 208 (1968)

1 N.C. App. 315

Linwood Earl TOLER, by his Next Friend, Robert G. Bowers v. BRINK'S, INC., Eugene Donald Rhodes, Marvin Lee Raines, Jr. and Dorothy T. Raines.

Court of Appeals of North Carolina.

May 22, 1968.


Attorney(s) appearing for the Case

Kennedy Ward and A. D. Ward, New Bern, for plaintiff appellee.

White, Hooten & White, Kinston, by, Thomas J. White, Kinston, for defendants appellants.


CAMPBELL, Judge.

Both the plaintiff and the defendants offered evidence as to the collision of the two vehicles. The evidence was conflicting, but we are of the opinion that a jury question was presented. Since the case will go back for a new trial, we refrain from a detailed discussion of the evidence.

In the course of the trial the presiding judge permitted the jury to go to the scene of the collision even though nearly four years had elapsed. This was done...

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