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FORD v. SMITH

No. 6927SC510.

170 S.E.2d 548 (1969)

6 N.C. App. 539

James M. FORD v. Albert SMITH.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Childers & Fowler, by Henry L. Fowler, Jr., Mount Holly, for plaintiff appellant.

Hollowell, Stott & Hollowell, by Grady B. Stott, Gastonia, for defendant appellee.

GRAHAM, Judge.

The parties do not dispute the fact that sufficient evidence was presented to take the case to the jury on the issue of defendant's actionable negligence. Therefore, the only question before us is whether plaintiff's evidence establishes as a matter of law his own negligence as one of the proximate causes of his injury. Jernigan v. Atlantic Coast Line R. R. Co., 275 N.C. 277, 167 S.E.2d 269

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