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HAMEL v. YOUNG SPRING & WIRE CORPORATION

No. 7126SC363.

182 S.E.2d 839 (1971)

12 N.C. App. 199

Reginald S. HAMEL, Ancillary Administrator of the Estate of William Thomas McDowell, Jr. v. YOUNG SPRING & WIRE CORPORATION, a Michigan Corporation et al.

Court of Appeals of North Carolina.

Certiorari Denied October 5, 1971.

Attorney(s) appearing for the Case

Claude R. Dunbar, Spartanburg, Hunter M. Jones, Charlotte, for plaintiff appellant.

Carpenter, Golding, Crews & Meekins, by John G. Golding, and Michael K. Gordon, Charlotte, for defendant appellant-appellee, Twin-States Truck Equipment Co.

John H. Small, R. C. Carmichael, Jr., Charlotte, for defendant appellees, Young Spring & Wire Corp., Paul Hardeman, Inc., and Daybrook-Ottawa Corp.

Certiorari Denied by Supreme Court October 5, 1971.

CAMPBELL, Judge.

Plaintiff assigns as error that portion of the charge to the jury that defendants were not required to anticipate negligence on the part of Duke in maintaining and servicing the Strata-Tower. We are of the opinion that this portion of the charge was proper and correct. To hold that defendants had to anticipate negligence on the part of Duke in maintaining the Strata-Tower would impose an...

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