DEAN v. NASH

No. 7126DC619.

184 S.E.2d 521 (1971)

12 N.C. App. 661

Louie Major DEAN v. Margaret Thomas NASH and Alexander Von Nash.

Court of Appeals of North Carolina.

November 17, 1971.


Attorney(s) appearing for the Case

Myers & Collie by Charles T. Myers, Charlotte, for plaintiff appellant.

W. J. Chandler, Jr., Haynes & Baucom, Charlotte, for defendants appellees.


BRITT, Judge.

Six of the assignments of error brought forward and argued in plaintiff's brief relate to the trial court's charge to the jury. For errors in the charge, we conclude that plaintiff is entitled to a new trial.

In charging the jury the court made numerous referrals to defendants' allegation of negligence that plaintiff allowed the pony to move freely about the area, creating a hazard. When the court was charging on the issue of contributory negligence...

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