GAY v. WALTER

No. 818SC126.

294 S.E.2d 769 (1982)

Joseph Daniel GAY and Marilynn F. Gay v. Reese B. WALTER.

Court of Appeals of North Carolina.

September 21, 1982.


Attorney(s) appearing for the Case

White, Allen, Hooten, Hodges & Hines, P. A. by John M. Martin, Kinston, for plaintiffs-appellants.

Jeffress, Morris, Rochelle & Duke, P. A. by Thomas H. Morris, Kinston, for defendant-appellee.


WELLS, Judge.

In their petition to rehear, plaintiffs contend that we erred in finding no error in the trial court's jury instructions on the application to G.S. 20-153(b) to the facts of this case. We agree with plaintiffs' argument and award a new trial. The evidence, as summarized in our previous opinion, showed that the collision between plaintiffs' and defendant's automobiles occurred on a two-lane street in Kinston, near an intersection. Both cars were going...

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