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HENDERSON v. MATTHEWS

No. 754DC202.

215 S.E.2d 808 (1975)

26 N.C. App. 280

Marion HENDERSON v. Lucille MATTHEWS. Berthland ROGERS v. Marion HENDERSON and Lucille Matthews. Margie Ruth NEWKIRK v. Marion HENDERSON and Lucille Matthews. Katie Mae Matthews LANIER v. Marion HENDERSON and Lucille Matthews.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Crossley & Johnson by Robert White Johnson, Wilmington, for plaintiff-defendant Henderson.

E. C. Thompson, III, Warsaw, for third-party plaintiffs.

Johnson & Johnson by Rivers D. Johnson, Jr., Warsaw, for defendant Lucille Matthews.

CLARK, Judge.

In the charge to the jury, the trial court instructed as follows:

"Now in connection with the testimony of Mrs. Matthews and the passengers in her car there was some discrepancy there, seemingly brought out on cross examination by one of the attorneys for Mr. Henderson referring back to a deposition she had made in April of this year, in which she testified that they were backing out of a driveway. In explanation of her contradictory...

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