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SINK v. SUMRELL

No. 7810SC633.

254 S.E.2d 665 (1979)

Henry H. SINK, Jr., Ancillary Admr. of the Estate of Sammy P. Mercurio v. Donald Elridge SUMRELL.

Court of Appeals of North Carolina.

May 15, 1979.

Attorney(s) appearing for the Case

Johnson, Gamble & Shearon, by Samuel H. Johnson, Raleigh, for plaintiff appellant.

Teague, Johnson, Patterson, Dilthey & Clay, by Robert W. Kaylor and I. Edward Johnson, Raleigh, for defendant appellee.

HARRY C. MARTIN, Judge.

Plaintiff assigns as error the dismissal of the case at the close of his evidence. The appeal raises three questions for review: negligence of defendant Sumrell, contributory negligence of plaintiff's intestate and the doctrine of last clear chance. As to each of these principles of law, the evidence must be viewed in the light most favorable to the plaintiff. Homes, Inc. v. Bryson,

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