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ALLIGOOD v. SEABOARD COASTLINE RAILROAD

No. 742SC199.

204 S.E.2d 706 (1974)

21 N.C. App. 419

Elijah Plum ALLIGOOD v. SEABOARD COASTLINE RAILROAD.

Court of Appeals of North Carolina.

May 1, 1974.

Attorney(s) appearing for the Case

Wilkinson, Vosburgh & Thompson by John A. Wilkinson, Washington, for plaintiff appellant.

Rodman, Rodman & Archie by Edward N. Rodman and Frederick N. Holscher, Washington, for defendant appellee.

CAMPBELL, Judge.

We have considered all the evidence in the light most favorable to the plaintiff and hold that there was no error in the trial court's granting the motion for directed verdict. As to the contributory negligence of the plaintiff driver, we hold that this case falls within the exception to Cutts v. Casey, 278 N.C. 390, 180 S.E.2d 297 (1971), as outlined in Wyche v. Alexander, 15 N.C...

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