WILLIAMS v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 7110DC467.

182 S.E.2d 653 (1971)

12 N.C. App. 131

Perry Clay WILLIAMS, Margaret B. Williams, Administratrix (Substitute Plaintiff) v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

August 4, 1971.


Attorney(s) appearing for the Case

Vaughan S. Winborne, Raleigh, for plaintiff appellant.

Bailey, Dixon, Wooten & McDonald by Wright T. Dixon, Jr., and John N. Fountain, Raleigh, for defendant appellee.


PARKER, Judge.

Appellant contends that the trial court erred when it permitted defendant to amend its answer after plaintiff had introduced her evidence. In its original answer defendant had alleged contributory negligence on the part of plaintiff's intestate, and at the first trial the jury had returned verdict finding him to have been contributorily negligent. Thus, plaintiff was already amply on notice that contributory negligence was one of the defenses upon which...

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