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McDOUGALD v. DOUGHTY

No. 7512SC257.

218 S.E.2d 482 (1975)

27 N.C. App. 237

Evelyn McDOUGALD, Administratrix of the Estate of Wendell McDougald, Deceased v. Rebecca Arnold DOUGHTY.

Court of Appeals of North Carolina.

October 15, 1975.

Attorney(s) appearing for the Case

MacRae, MacRae & Perry by James C. MacRae, Fayetteville, for plaintiff-appellant.

Anderson, Nimocks & Broadfoot by Henry L. Anderson, Jr., Fayetteville, for defendant-appellee.

PARKER, Judge.

Appellant brings forward four assignments of error, all of which relate to the court's instructions to the jury. The first assignment of error relates to the following portion of the court's charge:

"The Court charges you that negligence is the lack of ordinary care. It is failure to do what a reasonably careful and prudent person would have done, or the doing of something which a reasonably careful and prudent person would not have done, considering...

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