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GASTON v. SMITH

No. 7421SC6.

206 S.E.2d 311 (1974)

22 N.C. App. 242

Janice GASTON and Eleanor Franklin Jones v. Albert Judson SMITH.

Court of Appeals of North Carolina.

Certiorari Denied August 30, 1974.

Attorney(s) appearing for the Case

Jenkins, Lucas, Babb & DeRamus by Judson D. DeRamus, Jr., and R. Kenneth Babb, Winston-Salem, for plaintiffs-appellees.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Winston-Salem, for defendant-appellant.

Certiorari Denied by Supreme Court August 30, 1974.

CARSON, Judge.

The defendant assigns as error the submission of the facts to the jury with an instruction on the doctrine of res ipsa loquitur. This doctrine is applicable where the instrumentality which caused the damages was under the exclusive control of the defendant and it was such as does not ordinarily occur in the absence of negligence on the part of the defendant. O'Quinn v. Southard,

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