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STONE v. MITCHELL

No. 6915SC305.

168 S.E.2d 668 (1969)

5 N.C. App. 373

James C. STONE v. Walter D. MITCHELL and Sherman H. Walker, trading as Triangle Dairies, and James Luther Mann.

Court of Appeals of North Carolina.

July 23, 1969.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, by F. Gordon Battle, Durham, for plaintiff appellee.

Newsom, Graham, Strayhorn & Hedrick, by Ralph N. Strayhorn and E. C. Bryson, Jr., Durham, for defendant appellants.

MORRIS, Judge.

Defendants assign as error the following portion of the court's charge:

"Members of the jury, the Court feels that under all the evidence in this case, only one inference may be drawn from this evidence and from the facts admitted, including of course, the testimony of the defendant Mann, the agent of the defendants Mitchell and Walker; it is the law of this State that an operator of a motor vehicle must stop where a stop sign is erected by...

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