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HORNE v. TRIVETTE

No. 8121SC1023.

293 S.E.2d 290 (1982)

Edward E. HORNE, Administrator of the Estate of Douglas Edward Horne, Plaintiff-Appellee, v. Martha Barefoot TRIVETTE and Dean Dewitt Trivette, Defendants-Appellants.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Whiting, Horton & Hendrick by T. Paul Hendrick and Hamilton C. Horton, Jr., Winston-Salem, for plaintiff-appellee.

Bell, Davis & Pitt by William Kearns Davis, Winston-Salem, for defendants-appellants.

CLARK, Judge.

Defendants argue that the court erred in denying their motions for directed verdict and judgment notwithstanding the verdict on the issues of defendant Martha Trivette's negligence and Horne's contributory negligence. They contend that the evidence did not show any actionable negligence by defendant which proximately caused Horne's death, and that Horne's failure to keep a proper lookout caused the accident. The question presented by a defendant's motion...

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