BRIGGS v. MORGAN

No. 8315SC938.

318 S.E.2d 878 (1984)

Robert Kennon BRIGGS, Administrator of the Estate of Dorritt Briggs Cannada, Deceased v. John Robert MORGAN and Chapel Hill, North Carolina.

Court of Appeals of North Carolina.

August 21, 1984.


Attorney(s) appearing for the Case

Arthur Vann and H. Wood Vann, Durham, for plaintiff-appellant.

Spears, Barnes, Baker & Hoof by Alexander H. Barnes and Craig Brown, Durham, for defendant-appellee.


JOHNSON, Judge.

This is an action for the wrongful death of Dorritt Briggs Cannada. The issue presented for review is whether the trial court erred in excluding plaintiff's evidence of the custom of other garbage collectors and of the voluntary practice of defendant regarding the use of a warning device or "back-up bell" on garbage collection trucks. Plaintiff contended that defendants were negligent in failing to maintain a functional back-up bell on the garbage...

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