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CLARY v. ALEXANDER COUNTY BOARD OF EDUCATION

No. 7322SC637.

199 S.E.2d 738 (1973)

19 N.C. App. 637

Roger Dale CLARY v. ALEXANDER COUNTY BOARD OF EDUCATION. Phyllis CLARY, Administratrix of the Estate of Fred H. Clary v. ALEXANDER COUNTY BOARD OF EDUCATION.

Court of Appeals of North Carolina.

Certiorari Allowed December 4, 1973.

Attorney(s) appearing for the Case

Collier, Harris, Homesley & Jones by Jack R. Harris and Edmund L, Gaines, Statesville, for plaintiffs-appellants.

Hedrick, McKnight, Parham, Helms, Warley & Kellam by Philip R. Hedrick, Charlotte, and Frank & Lassiter by Jay F. Frank and T. Michael Lassiter, Statesville, for defendant-appellee.

Certiorari Allowed by Supreme Court December 4, 1973.

BALEY, Judge.

The sole question for decision in this case is whether plaintiffs' evidence when considered in its most favorable light for the plaintiffs discloses contributory negligence as a matter of law. The trial court answered this question in the affirmative, and we agree.

As a student participating in pre-season practice for the Stony Point High School basketball team, Roger Dale Clary was...

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