No. 6820SC196.

167 S.E.2d 826 (1969)

5 N.C. App. 88

Myron Kenneth THOMAS by Next Friend Justin W. Thomas v. QUEEN CITY COACH COMPANY.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Clark & Huffman, by Richard S. Clark, Monroe, for plaintiff appellant.

Myers, Sedberry & Collie, by J. C. Sedberry and Charles T. Myers, Charlotte, and Smith, Griffin, Smith & Clark, by C. Frank Griffin, Monroe, for defendant appellee.


Plaintiff assigns as error the refusal of the trial court to submit an issue as to last clear chance. To invoke that doctrine, plaintiff must plead it and the burden of proof is upon him. Exum v. Boyles, 272 N.C. 567, 158 S.E.2d 845; Bailey v. North Carolina R. R., 223 N.C. 244, 25 S.E.2d 833. Plaintiff's pleadings need not contain the words "last clear chance," but to have...

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