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CLARK v. BARBER

No. 7422SC47.

202 S.E.2d 347 (1974)

20 N.C. App. 603

Irene C. CLARK v. Hugh Edward BARBER.

Court of Appeals of North Carolina.

February 6, 1974.

Attorney(s) appearing for the Case

Jay F. Frank, Statesville, for plaintiff appellant.

Pope, McMillan & Bender, by W. H.

McMillan, Statesboro, for defendant appellee.

BALEY, Judge.

The plaintiff assigns as error the action of the trial court in permitting the defendant to amend his pleadings after the conclusion of the plaintiff's evidence in order to allege contributory negligence. The court then submitted the issue of contributory negligence and charged the jury with respect to this issue, which plaintiff contends is erroneous.

Rule 15(b) of the Rules of Civil Procedure provides...

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