MILLER v. VON HOUPE

No. 7629SC602.

231 S.E.2d 33 (1977)

32 N.C. App. 103

Michael E. MILLER and Clifford F. Miller v. Boston VON HOUPE, Jr., Administrator of the Estate of Thelma Irene Dowell Houpe, and Thomas Leland Dowell.

Court of Appeals of North Carolina.

Certiorari Denied and Appeal Dismissed March 7, 1977.


Attorney(s) appearing for the Case

McQuire, Wood, Erwin & Crow by James P. Erwin and Charles R. Worley, Asheville, for plaintiffs-appellants.

Morris, Golding, Blue & Phillips by James F. Blue, III, Asheville, for defendants-appellees.


Certiorari Denied and Appeal Dismissed by Supreme Court March 7, 1977.

HEDRICK, Judge.

Plaintiff contends the court erred in submitting to the jury the issue of contributory negligence.

Defendants argue that the physical evidence at the scene of the collision when considered with the testimony of the plaintiff and the witness Simpson and when considered in the light most favorable to the defendants, as must be done in this case, Anderson v. Butler...

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