CLAYTON v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 6919SC37.

165 S.E.2d 763 (1969)

4 N.C. App. 43

Russell L. CLAYTON, by his next friend, Henry L. Carter v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA.

Court of Appeals of North Carolina.

February 26, 1969.


Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills by K. Michael Koontz and William L. Mills, Jr., Concord, for plaintiff appellant.

Kennedy, Covington, Lobdell & Hickman, by Charles V. Tompkins, Jr., Charlotte, for defendant appellee.


MALLARD, Chief Judge.

Appellee argues and contends in its brief that this Court should not consider any of appellant's assignments of error because appellee's motion for nonsuit should have been allowed. Appellee states in its brief that plaintiff's evidence at the second trial was substantially the same as the evidence at the first trial with the following two exceptions: first, the group contract of insurance was not introduced on the first trial but was admitted...

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