DUKE v. TANKARD

No. 682SC374.

165 S.E.2d 524 (1969)

3 N.C. App. 563

J. F. DUKE v. Sarah K. TANKARD, Administratrix of the Estate of Mrs. J. M. Tankard, and John M. Tankard, Jr.

Court of Appeals of North Carolina.

February 5, 1969.


Attorney(s) appearing for the Case

LeRoy Scott, Washington, for plaintiff appellee.

Rodman & Rodman by Edward N. Rodman, Washington, for defendant appellants.


BRITT, Judge.

In their brief, defendants concede that plaintiff's evidence of negligence on the part of defendants was sufficient to carry the case to the jury on the first issue. They contend, however, that plaintiff's evidence, taken in the light most favorable to him, established contributory negligence as a matter of law and that the trial judge erred in overruling defendants' motion for judgment as of nonsuit interposed at the conclusion of plaintiff's evidence...

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