PIERCE v. JONES

No. 756SC816.

224 S.E.2d 195 (1976)

29 N.C. App. 334

John L. PIERCE, Jr. v. Thomas L. JONES.

Court of Appeals of North Carolina.

May 5, 1976.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by Stephen R. Burch and W. W. Pritchett, Jr., Windsor, for plaintiff-appellee.

Gillam & Gillam by M. B. Gillam, Jr., Windsor, for plaintiff-appellant.


VAUGHN, Judge.

Defendant's first assignment of error raises the question of whether the evidence warranted the submission of the case to the jury. In essence, he argues that only two conclusions can be drawn from the evidence, and either of those preclude recovery by plaintiff as a matter of law.

He first argues that plaintiff's own evidence discloses that plaintiff, while his boat was being overtaken by defendant, failed to maintain his speed and that that...

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