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SMITH v. KILBURN

No. 718SC695.

186 S.E.2d 214 (1972)

13 N.C. App. 449

Pauline Parrish SMITH, Administratrix of Weldon Parrish, Deceased v. Jimmy Dale KILBURN.

Court of Appeals of North Carolina.

Certiorari Denied April 4, 1972.

Attorney(s) appearing for the Case

Herbert B. Hulse, and Sasser, Duke & Brown by John E. Duke, Goldsboro, for plaintiff appellant.

Dees, Dees, Smith & Powell by William W. Smith, Goldsboro, for defendant appellee.

Certiorari Denied by Supreme Court April 4, 1972.

PARKER, Judge.

Considering the evidence in the light most favorable to the plaintiff, as we must in passing upon the trial court's ruling on defendant's motion for a directed verdict, Kelly v. International Harvester Co., 278 N.C. 153, 179 S.E.2d 396, it is our opinion that this case should have been submitted to the jury. Plaintiff was not...

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