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DAVIS v. BOOTH

No. 763SC42.

225 S.E.2d 588 (1976)

29 N.C. App. 742

Brenda Joyce W. DAVIS, Administratrix of the Estate of James Wainwright v. Grace BOOTH.

Court of Appeals of North Carolina.

June 16, 1976.

Attorney(s) appearing for the Case

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

Teague, Johnson, Patterson, Dilthey & Clay by Ronald C. Dilthey and Robert W. Sumner, Raleigh, for defendant-appellee.

HEDRICK, Judge.

By her first three assignments of error, plaintiff contends the court erred in its instruction to the jury with respect to the "doctrine of sudden emergency". In her brief, plaintiff states:

"Plaintiff contends that the trial judge gave erroneous instructions to the jury on the law of who had the burden of proof in establishing the affirmative defense of the sudden emergency doctrine, by placing this burden on the plaintiff rather than the...

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