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SMITH v. FIBER CONTROLS CORP.

No. 108.

268 S.E.2d 504 (1980)

300 N.C. 669

James Keith SMITH v. FIBER CONTROLS CORPORATION.

Supreme Court of North Carolina.

July 15, 1980.

Attorney(s) appearing for the Case

Homesley, Jones, Gaines, Dixon & Fields by Edmund L. Gaines, Statesville, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews, and Rodney A. Dean, Charlotte, for defendant-appellee.

HUSKINS, Justice:

Since the result we reach is dictated by the jury's answer to the contributory negligence issue, we assume arguendo, without deciding, that there was sufficient evidence of defendant's negligence to carry the case to the jury and support an affirmative answer to the first issue. Moreover, by reason of the verdict on the contributory negligence issue, we find it unnecessary to determine whether the evidence shows that plaintiff was guilty of contributory...

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