SMITH v. FOUST

No. 7026SC250.

175 S.E.2d 787 (1970)

Celestia S. SMITH v. Dr. John W. FOUST and the Nalle Clinic Company, a corporation.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1970.


Attorney(s) appearing for the Case

Bailey & Davis, by Gary A. Davis, Charlotte, for plaintiff-appellant.

Carpenter, Golding, Crews & Meekins, by John G. Golding and James R. Carpenter, Charlotte, for defendants-appellees.


BRITT, Judge.

Plaintiff first assigns as error the failure of the trial judge to instruct the jury with reference to the application of the doctrine of res ipsa loquitur.

The record reveals that plaintiff did not request instructions on this point. It discloses that after the trial judge completed his charge and held a brief conference with all attorneys appearing in the case he ordered that the record show that no request for further instructions was...

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