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COMER v. CAIN

No. 7020SC337.

175 S.E.2d 337 (1970)

8 N.C. App. 670

Bruce E. COMER, a minor, by and through his next friend, E. L. Comer v. Harold P. CAIN, Ralph Shaw and Lafayette Motor Sales of Fayetteville, a corporation.

Court of Appeals of North Carolina.

July 15, 1970.

Attorney(s) appearing for the Case

Pittman, Staton & Betts, by Lowry M. Betts, Sanford, for plaintiff appellant.

William D. Saviston, Jr., Carthage, for defendants appellees.

BRITT, Judge.

Plaintiff's two assignments of error are to portions of the trial judge's jury instructions relating to the issue of contributory negligence.

First, plaintiff contends that the court committed prejudicial error by failing to give equal stress to the contentions of plaintiff on the issue of contributory negligence, in contravention of Rule 51(a) of the Rules of Civil Procedure. We do not think this assignment of error has sufficient merit to justify...

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