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HARRIS v. FREEMAN

No. 7314SC26.

196 S.E.2d 48 (1973)

18 N.C. App. 85

William Edward HARRIS v. Bernice Leo FREEMAN.

Court of Appeals of North Carolina.

April 25, 1973.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, by Victor S. Bryant, Jr., Durham, for plaintiff appellant.

Haywood, Denny & Miller, by George W. Miller, Jr., Durham, for defendant appellee.

MORRIS, Judge.

Plaintiff asserts on appeal that the trial court erred in submitting the issue of contributory negligence to the jury and in declaring and explaining the law relating to such issue.

In North Carolina, a defendant who asserts the contributory negligence of plaintiff as a defense has the burden of proving it, and a contention that certain acts or conduct of the plaintiff constituted contributory negligence...

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