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HARDY v. TESH

No. 6921SC260.

167 S.E.2d 848 (1969)

5 N.C. App. 107

Frederick HARDY, by his Next Friend, Edmund I. Adams v. Felix L. TESH and Pine Hall Brick & Pipe Company, and H. K. Saunders. David HARDY, by his Next Friend, Edmund I. Adams v. Felix L. TESH and Pine Hall Brick & Pipe Company, and H. K. Saunders. James HARDY, by his Next Friend, Edmund I. Adams v. Felix L. TESH and Pine Hall Brick & Pipe Company, and H. K. Saunders.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Randolph & Drum, by Clyde C. Randolph, Jr., Winston-Salem, for plaintiff appellants.

Deal, Hutchins & Minor, by John M. Minor and William K. Davis, Winston-Salem, for defendant Tesh appellee.

CAMPBELL, Judge.

The appeal presents only the question of whether "the evidence offered by [David], considered in the light most favorable to [him], was sufficient to warrant submission thereof to the jury as to the alleged actionable negligence of" Tesh. Jones v. Schaffer, 252 N.C. 368, 114 S.E.2d 105.

David alleged that his injuries were caused by the joint and concurrent negligence of the...

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