SMITH v. HOUSE

No. 7311DC34.

195 S.E.2d 44 (1973)

17 N.C. App. 567

James R. SMITH v. James H. HOUSE.

Court of Appeals of North Carolina.

March 14, 1973.


Attorney(s) appearing for the Case

Pittman, Staton & Betts, by William W. Staton and R. Michael Jones, Sanford, for plaintiff.

Adams, Kleemeier, Hagan, Hannah & Fouts, by Clinton Eudy, Jr., Greensboro, for defendant.


BROCK, Judge.

Defendant's sole assignment of error relates to the Court's conclusion that plaintiff was injured by defendant's negligence and plaintiff was not contributorily negligent. Defendant has not brought forward the evidence at trial in his record on appeal and does not dispute the findings of fact in the judgment. Defendant contends that as a matter of law from the findings of fact in the judgment, either plaintiff was contributorily negligent or the injuries...

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