PEELER v. CRUSE

No. 7219SC3.

187 S.E.2d 396 (1972)

14 N.C. App. 79

James Clifton PEELER, Jr. v. Eugene CRUSE and Propst Construction Company.

Court of Appeals of North Carolina.

March 29, 1972.


Attorney(s) appearing for the Case

Robert M. Davis, Salisbury, for plaintiff appellant.

Carpenter, Golding, Crews & Meekins by Fred C. Meekins, Charlotte, for defendant appellee.


GRAHAM, Judge.

While defendants do not concede their negligence and plaintiff does not concede his contributory negligence, the only question plaintiff argues in this Court is whether the trial judge erred in finding that the issue of last clear chance does not arise on the undisputed facts in this case.

The doctrine of last clear chance presupposes negligence and contributory negligence. Arvin v. McClintock, 253 N.C. 679, ...

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