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COGBURN v. NORTH CAROLINA STATE HIGHWAY COM'N

No. 72301C297.

188 S.E.2d 553 (1972)

14 N.C. App. 544

Chester A. COGBURN, Administrator of the Estate of Caroline W. Plemmons, Deceased v. NORTH CAROLINA STATE HIGHWAY COMMISSION and Travelers Insurance Company.

Court of Appeals of North Carolina.

May 24, 1972.

Attorney(s) appearing for the Case

Millar, Alley & Killian, by William I. Millar, Waynesville, for plaintiff appellee.

Atty. Gen. Robert Morgan and Associate Atty. Gen. Christine A. Witcover, for defendant appellant.

MALLARD, Chief Judge.

The defendant contends that it was error under these factual circumstances to find that Parkins was negligent and that Mrs. Plemmons was not contributorily negligent. We do not agree. There was ample evidence upon which to base the factual finding that on the date in question Parkins was negligent in failing to see what he ought to have seen when backing the truck. Bennett v. Young, 266 N.C. 164,

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