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FOY v. BREMSON

No. 767SC330.

228 S.E.2d 88 (1976)

30 N.C. App. 662

Barbara Jean FOY v. Thomas Edward BREMSON et al.

Court of Appeals of North Carolina.

September 15, 1976.

Attorney(s) appearing for the Case

Narron, Holdford, Babb & Harrison by William H. Holdford, Wilson, for plaintiff-appellant.

Teague, Johnson, Patterson, Dilthey & Clay by Robert M. Clay, Raleigh, for defendant-appellee Bremson.

Battle, Winslow, Scott & Wiley, P. A. by Robert L. Spencer, Rocky Mount, for defendants-appellees Bissette and Godwin.

VAUGHN, Judge.

In assignment of error number five, plaintiff argues that the judge erred when, as he reached the issues of contributory negligence, he told the jury:

"The test of what is negligence as I have already defined it and explained it is the same for the plaintiff as it would have been and was for each of the defendants."

Earlier in the charge, the judge had told the jury that he was going to explain what was meant by "burden of proof,"...

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