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KOUTSIS v. WADDEL

No. 7111SC127.

179 S.E.2d 797 (1971)

10 N.C. App. 731

James KOUTSIS v. Ruby Johnson WADDEL.

Court of Appeals of North Carolina.

March 31, 1971.

Attorney(s) appearing for the Case

Wilson, Bowen & Lytch, by Wiley F. Bowen, Dunn, for plaintiff appellee.

Bryan, Jones, Johnson, Hunter & Greene, by Robert C. Bryan, Dunn, for defendant appellant.

HEDRICK, Judge.

By his single assignment of error the defendant contends that the court failed to declare and explain the law arising on the evidence with respect to the issue of damages as required by G.S. § 1A-1, Rule 51(a), and the defendant asserts that the court should have instructed the jury:

"(a) * * * that if they believe that plaintiff's back injury, * * * was sustained when he lifted the pot on February 10, and was not an aggravation of a...

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