DAUGHTRY v. TURNAGE

No. 7712SC89.

239 S.E.2d 709 (1978)

William Corbie DAUGHTRY, Jr. v. William Franklin TURNAGE and J. A. Eubanks and Son, Inc.

Court of Appeals of North Carolina.

January 3, 1978.


Attorney(s) appearing for the Case

Bowen & Lytch by R. Allen Lytch, Dunn, for plaintiff-appellee.

McLeod & Senter by Joe McLeod, Fayetteville, for defendants-appellants.


HEDRICK, Judge.

Defendants assign as error the denial of their motion for directed verdict. Defendants argue that the evidence discloses plaintiff's contributory negligence as a matter of law.

In order for a verdict to be directed on the basis of the contributory negligence of the plaintiff the evidence must establish so clearly as to exclude all other conclusions the negligence of the plaintiff as a proximate cause of the damages sustained. Parker v. Allen...

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