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JOHNSON v. BROWN

No. 715SC155.

181 S.E.2d 321 (1971)

11 N.C. App. 323

Hooper JOHNSON v. Gladys Edwards BROWN.

Court of Appeals of North Carolina.

Certiorari Denied July 30, 1971.

Attorney(s) appearing for the Case

Aaron Goldberg, Goldberg & Anderson, Herbert Scott, Wilmington, for plaintiff appellant.

Marshall, Williams, Gorham & Brawley by Lonnie B. Williams, Wilmington, for defendant appellee.

Certiorari Denied by Supreme Court July 30, 1971.

MALLARD, Chief Judge.

Plaintiff assigns as error the following portion of the court's instruction to the jury on the first issue:

"Was the plaintiff's negligent breach of duty the proximate cause or one of the proximate causes of resulting injury and damage?"

In this portion of the charge relating to proximate cause, the court used the word "plaintiff's" instead of "defendant's." While this...

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