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HOOD LOGGING & TIMBER COMPANY v. SMITH

No. 718DC438.

182 S.E.2d 607 (1971)

12 N.C. App. 137

HOOD LOGGING & TIMBER COMPANY, Inc. v. Cecil SMITH.

Court of Appeals of North Carolina.

Certiorari Denied September 7, 1971.

Attorney(s) appearing for the Case

Braswell, Strickland, Merritt & Rouse by David M. Rouse, Goldsboro, for plaintiff appellee.

Dees, Dees, Smith & Powell by Tommy W. Jarrett, Goldsboro, for defendant appellant.

Certiorari Denied by Supreme Court September 7, 1971.

GRAHAM, Judge.

Defendant did not assert in either his motion for a directed verdict or his motion for judgment N.O.V. that the evidence was insufficient to show negligence on his part. Neither does he make any assertion to this effect here. His sole contention is that plaintiff's evidence establishes, as a matter of law, that plaintiff's employee was negligent in the operation of the truck and that his...

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