DIGSBY v. GREGORY

No. 7626DC955.

240 S.E.2d 491 (1978)

35 N.C. App. 59

Dian B. DIGSBY and James W. Digsby v. John Wayne GREGORY.

Court of Appeals of North Carolina.

January 17, 1978.


Attorney(s) appearing for the Case

Rodney Dean and C. Byron Holden, Charlotte, for defendant-appellant.

No counsel contra.


PARKER, Judge.

Although not a final judgment, the court's order is appealable because it grants a new trial as to damages. G.S. 1-277(a); G.S. 7A-27(d).

Defendant appellant first contends that the court erred in failing to instruct the jury that the plaintiffs were guilty of contributory negligence as a matter of law in that their own evidence establishes that they violated the provisions of G.S. 20-161(a) and (b). The error, if any, was harmless, since the...

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