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JONES v. COLLINS

No. 8113SC926.

294 S.E.2d 384 (1982)

Edward O. JONES, Plaintiff, v. E. L. COLLINS, Defendant and Third-Party Plaintiff, Archie Thomas Webb, Jr., Third-Party Defendant.

Court of Appeals of North Carolina.

September 7, 1982.

Attorney(s) appearing for the Case

Walton, Fairley & Jess by Ray H. Walton, Southport, for plaintiff-appellant.

Stuart V. Carter, Wilmington, for defendant-appellee.

WEBB, Judge.

The plaintiff assigns error to the submission of the negligence issue as to Archie Thomas Webb, Jr. after the court had dismissed the third-party action against him. The plaintiff argues that the third-party claim, under which the original defendant alleged the negligence of Webb was the cause of the accident, was dismissed. This established Webb was not negligent and it was error to let the jury find he was negligent.

We do not believe the dismissal...

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