WILLIAMS v. BETHANY VOLUNTEER FIRE DEPT.

No. 327PA82.

298 S.E.2d 352 (1983)

J. Floyd WILLIAMS and wife, Vara Bullard Williams v. BETHANY VOLUNTEER FIRE DEPARTMENT and Benny Plato Bullard.

Supreme Court of North Carolina.

January 11, 1983.


Attorney(s) appearing for the Case

Anderson, Broadfoot, Anderson, Johnson & Anderson by Henry L. Anderson, Jr., Fayetteville, for plaintiffs-appellees.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Robert W. Sumner and Robert M. Clay, Raleigh, for defendants-appellants.


MARTIN, Justice.

Only one question is presented to this Court: whether the Court of Appeals erred in holding that the trial judge committed prejudicial error in allowing defendants' motion for a jury view of the fire truck. We conclude that the Court of Appeals did so err and, accordingly, reverse.

Although it did not expressly so state, the Court of Appeals evidently treated the jury view of the fire truck as an experiment. It applied the rules governing...

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