WAGONER v. BUTCHER

No. 6915SC450.

170 S.E.2d 151 (1969)

6 N.C. App. 221

Elsie Mae WAGONER v. Carolyn Lewey BUTCHER and Robert Alexander Butcher.

Court of Appeals of North Carolina.

October 22, 1969.


Attorney(s) appearing for the Case

Ross, Wood & Dodge, by Harold T. Dodge, Graham, for plaintiff appellant.

Sanders & Holt, by Emerson T. Sanders and James C. Spencer, Jr., Burlington, for defendant appellees.


BRITT, Judge.

The question posed by this appeal is whether a judgment of nonsuit was proper on the facts shown. Our answer is no.

The defendants properly concede that certain allegations of defendant Mrs. Butcher's negligence are supported by evidence sufficient to go to the jury on the issue of defendants' negligence and submit that the issue before us is narrowed to whether the plaintiff's own acts clearly establish contributory negligence as a matter of...

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