McKAY v. CITY OF CHARLOTTE

No. 7726SC374.

241 S.E.2d 718 (1978)

Daniel E. McKAY v. CITY OF CHARLOTTE and County of Mecklenburg.

Court of Appeals of North Carolina.

March 7, 1978.


Attorney(s) appearing for the Case

Wardlow, Knox & Knox, by H. Edward Knox and John S. Freeman, Rose & Bosworth, P.A., by William S. Rose, Jr., Charlotte, for the plaintiff.

Jones, Hewson & Woolard, by Harry C. Hewson, Charlotte, for the City of Charlotte.


MARTIN, Judge.

Defendant assigns as error the trial court's denial of its motions for a directed verdict and for judgment notwithstanding the verdict. Its sole contention with respect thereto is that plaintiff's evidence establishes his contributory negligence as a matter of law. We cannot agree.

In support of this contention, defendant cites and relies upon a series of "trip and fall" cases involving defects and obstructions on city sidewalks where the courts...

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