BRITT, Judge.
The first issue presented by this appeal is whether the court erred in submitting an issue of contributory negligence to the jury.
On the question of sufficiency of evidence of contributory negligence to require submission of the issue to the jury, the rule was well expressed in the case of Kennedy v. Smith, 226 N.C. 514, 39 S.E.2d 380, where Devin, J. (later C. J.), stated: "True, there was other evidence on the part of plaintiff, and the burden...
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