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ROUSE v. MAXWELL

No. 785SC898.

253 S.E.2d 326 (1979)

40 N.C. App. 538

Estelle ROUSE, Plaintiff, v. Charles L. MAXWELL, Trading as Maxwell Supply Company, and Larry Futrell, Defendants and Third-Party Plaintiffs, v. Andrew M. SIMPSON, Third-Party Defendant.

Court of Appeals of North Carolina.

April 3, 1979.

Attorney(s) appearing for the Case

Smith & Kendrick by W. G. Smith, Wilmington, for plaintiff-appellee.

Crossley & Johnson by Robert White Johnson, Wilmington, for defendants-appellants and third-party plaintiffs.

Marshall, Williams, Gorham & Brawley by William Robert Cherry, Jr., and Lonnie B. Williams, Wilmington, for third-party defendant-appellant.

ERWIN, Judge.

Defendants' Appeal

Defendants present one question on appeal, which reads: "Did the Trial Court err in its instructions to the jury, on the issue of the defendants' negligence, with respect to driving on the right-hand side of the road and the alleged failure to yield right-of-way?" The trial court instructed the jury inter alia from the North Carolina Pattern Jury Instructions for Motor Vehicle Negligence on the following: (1...

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