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HUDSON v. ICARD

No. 8225SC1324.

315 S.E.2d 770 (1984)

James M. HUDSON v. Morden Dean ICARD.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Blanton, Whisnant & McMahon by Lawrence D. McMahon, Jr., Morganton, for plaintiff-appellee.

Van Winkle, Buck, Wall, Starnes & Davis by Marla Tugwell, Asheville, for defendant-appellant.

PHILLIPS, Judge.

Defendant's two main contentions, asserted with equal force and earnestness, are that though the evidence was insufficient to establish his negligence, it established plaintiff's contributory negligence as a matter of law. These questions will be considered together, since they require an appraisal of the evidence, which in each instance must be viewed in the light most favorable to the plaintiff. When...

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