CLARY v. ALEXANDER COUNTY BD. OF ED.

No. 86.

212 S.E.2d 160 (1975)

286 N.C. 525

Roger Dale CLARY and Phyllis Clary, Administratrix of the Estate of Fred H. Clary v. ALEXANDER COUNTY BOARD OF EDUCATION.

Supreme Court of North Carolina.

March 12, 1975.


Attorney(s) appearing for the Case

Collier, Harris, Homesley, Jones & Gaines by Edmund L. Gaines, Statesville, for plaintiff appellants.

Hedrick, McKnight, Parham, Helms, Warley & Kellam by Philip R. Hedrick and Edward L. Eatman, Jr., Charlotte, for defendant appellee.


SHARP, Chief Justice:

Our first question is whether we should withdraw our decision of 10 April 1974 and decide whether plaintiffs' evidence would support a finding that defendant was actionably negligent and, if so, whether it establishes Roger's contributory negligence as a matter of law.

In each case, defendant moved "for a Judgment of Dismissal with Prejudice and a directed verdict in favor of the defendant on the grounds that the evidence offered by the...

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