WHALEY v. ADAMS

No. 758SC163.

214 S.E.2d 301 (1975)

25 N.C. App. 611

Doris Q. WHALEY, Administratrix of the Estate of Ressie Whaley, Deceased v. Edward R. ADAMS.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Jeffress, Hodges, Morris & Rochelle, P.A., by Thomas H. Morris, Kinston, for plaintiff appellee.

Dees, Dees, Smith, Powell & Jarrett by William W. Smith, Goldsboro, for defendant appellant.


BRITT, Judge.

Defendant contends the court erred in denying his motions for directed verdict and judgment n. o. v. on grounds that plaintiff failed to show actionable negligence on the part of Adams, and plaintiff's own evidence established intestate's contributory negligence as a matter of law.

Assuming, arguendo, that Adams was negligent, we think the evidence clearly establishes contributory negligence on the part of plaintiff's intestate in that...

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