ANDERSON v. SMITH

No. 753SC677.

223 S.E.2d 402 (1976)

29 N.C. App. 72

Troy ANDERSON, Administrator of the Estate of William Russell Anderson, Deceased v. Addie Edwards SMITH.

Court of Appeals of North Carolina.

April 7, 1976.


Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by Robert D. Rouse, III, Greenville, for plaintiff-appellant.

Gaylord, Singleton & McNally by Louis W. Gaylord, Jr., and Phillip R. Dixon, Greenville, for defendant-appellee.


PARKER, Judge.

Plaintiff first assigns an error that the court failed to charge the jury in accordance with plaintiff's request for instructions as to the duty the law imposes upon a motorist who sees, or by the exercise of reasonable care should see, children on or near the highway. Although the court did not instruct the jury in the exact language requested, plaintiff concedes that the court gave similar instructions, and comparison reveals that the instructions...

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