WARDRICK v. DAVIS

No. 729SC396.

189 S.E.2d 746 (1972)

Eugene WARDRICK, By his Guardian Ad Litem, Herman Wardrick v. Earl Lee DAVIS and Peter Davis.

Court of Appeals of North Carolina.

July 12, 1972.


Attorney(s) appearing for the Case

Hubert H. Senter, Franklinton, for plaintiff-appellant.

Teague, Johnson, Patterson, Dilthey & Clay, by I. Edward Johnson, Raleigh, for defendants-appellees.


BROCK, Judge.

The only assignment of error that plaintiff brings forward on this appeal is that the trial judge erred in granting defendants' motion for a directed verdict at the close of plaintiff's evidence. The decision of the trial judge was based on the reason that plaintiff's evidence tended to show that he was guilty of contributory negligence as a matter of law. We agree.

The thrust of plaintiff's argument is that his evidence was sufficient to establish...

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