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POPE v. DEAL

No. 7819SC173.

249 S.E.2d 866 (1978)

39 N.C. App. 196

Ivan Hoyt POPE, Sr. v. Diane Caster DEAL.

Court of Appeals of North Carolina.

December 19, 1978.

Attorney(s) appearing for the Case

Woodson, Hudson, Busby & Sayers by Donald D. Sayers, Salisbury, for plaintiff.

Womble, Carlyle, Sandridge & Rice by Allen R. Gitter, William C. Raper, and Joseph T. Carruthers, Winston-Salem, for defendant.

ROBERT M. MARTIN, Judge.

Defendant contends the court erred in instructing the jury that the defendant's failure to sound her horn, in violation of G.S. 20-174, was negligence per se.

In its instructions to the jury regarding negligence of the defendant, the trial court charged the jury as follows:

Now, members of the jury, as I discuss with you the contentions of negligence and contributory negligence, I will tell you when an act or omission...

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