THACKER v. HARRIS

No. 7415SC234.

205 S.E.2d 744 (1974)

22 N.C. App. 103

James A. THACKER, Administrator of the Estate of Vicki Lynn Thacker v. Wallace G. HARRIS and Rebecca Sue Harris.

Court of Appeals of North Carolina.

June 19, 1974.


Attorney(s) appearing for the Case

Dalton & Long by W. R. Dalton, Jr., Burlington, for plaintiff appellant.

Sanders, Holt & Spencer by Frank A. Longest, Jr., and Emerson T. Sanders, Burlington, for defendants appellees.


PARKER, Judge.

There was ample evidence to require submission of issues of negligence and contributory negligence. The question presented is whether plaintiff's tendered issue of last clear chance should also have been submitted. We hold that it should.

Discussing the doctrine of last clear chance, Justice Lake, writing the opinion of our Supreme Court in Exum v. Boyles, 272 N.C. 567, 158 S.E.2d 845

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