WALSER v. COLEY

No. 7422SC331.

205 S.E.2d 366 (1974)

21 N.C. App. 654

Dorothy B. WALSER v. Charlie Phyne COLEY.

Court of Appeals of North Carolina.

June 5, 1974.


Attorney(s) appearing for the Case

Barnes & Grimes by Jerry B. Grimes, Lexington, for plaintiff-appellant.

Walser, Brinkley, Walser & McGirt by Walter F. Brinkley, Lexington, for defendant-appellee.


CAMPBELL, Judge.

Plaintiff excepted and assigns as error certain portions of the charge given by the judge to the jury.

The judge instructed the jury that the defendant claimed that if he was negligent, the plaintiff was also negligent in riding with him and assuming the risk of riding with him when he was driving "as she alleges he was driving and under the condition of intoxication which she alleges, or under the influence of intoxicating beverage which...

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