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FORD v. MARSHALL

No. 7221DC664.

191 S.E.2d 378 (1972)

16 N.C. App. 179

John E. FORD v. Arnold V. MARSHALL.

Court of Appeals of North Carolina.

September 20, 1972.

Attorney(s) appearing for the Case

Ira Julian and W. Warren Sparrow. Winston-Salem, for plaintiff appellee.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and Roddey M. Ligon, Jr., Winston-Salem, for defendant appellant.

MALLARD, Chief Judge.

Plaintiff alleged that his property was damaged and that he sustained personal injuries as a proximate result of the actionable negligence of the defendant in the operation of the defendant's automobile. Defendant denied negligence and alleged contributory negligence on the part of the plaintiff in the operation of his automobile.

The trial judge submitted only three issues to the jury which were answered as follows:

"I. Was...

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