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HANEY v. COCHRANE

No. 7226SC112.

188 S.E.2d 35 (1972)

14 N.C.App. 259

Elzie A. HANEY v. J. O. COCHRANE and John Henry Ford.

Court of Appeals of North Carolina.

April 26, 1972.

Attorney(s) appearing for the Case

Hugh G. Casey, Jr., Casey & Daley, Charlotte, for plaintiff appellant.

James B. Ledford, Charlotte, for J. O. Cochrane defendant appellee.

Sanders, Walker & London by James E. Walker, Charlotte, and Robert G. McClure, Jr., Asheville, for John Henry Ford defendant appellee.

HEDRICK, Judge.

Assuming, arguendo, that plaintiff was an invitee on Ford's premises, the question is raised as to whether the evidence, when considered in the light most favorable to him, is sufficient to be submitted to the jury on the issue of defendant's negligence. With respect to the negligence of Ford and Cochrane, plaintiff alleged:

"18. The defendant John Henry Ford was negligent in that he failed to act with due care, to wit: He...

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