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SMITH v. BURLESON

No. 7025SC569.

177 S.E.2d 451 (1970)

9 N.C. App. 611

Harold Eugene SMITH, Jr., by his next friend, Harold Eugene Smith, Sr. v. Rabon BURLESON, Arnold Burleson and C. David Swift, Administrator of the Estate of Tony Burleson, Deceased.

Court of Appeals of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

Mitchell & Teele by W. Harold Mitchell, Valdese, for plaintiff appellee.

Simpson & Martin by Dan R. Simpson, Morganton, for defendant appellant.

CAMPBELL, Judge.

This appeal presents one question, and that is whether the trial court committed error in directing a verdict on the issue of negligence in favor of the plaintiff.

The burden of proof on the negligence issue rested upon the plaintiff. Ordinarily, it is not permissible to direct a verdict in favor of a litigant on whom rests the burden of proof. When facts are judicially admitted and are no longer a subject of inquiry, then it is not only permissible...

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