JAMES v. HONEYCUTT

No. 858SC484.

336 S.E.2d 454 (1985)

John C. JAMES v. Carolyn HONEYCUTT d/b/a Tops and Bottoms and William F. Honeycutt.

Court of Appeals of North Carolina.

November 19, 1985.


Attorney(s) appearing for the Case

Kornegay & Head, P.A. by Janice S. Head and G. Russell Kornegay, III, Mount Olive, for plaintiff, appellant.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by Robin K. Vinson and C. Ernest Simons, Jr., Raleigh, for defendant, appellee.


HEDRICK, Chief Judge.

By his first and third assignments of error, plaintiff contends that the trial court erred in submitting the issue of contributory negligence to the jury and denying plaintiff's motion to set aside the verdict as to this issue, because as a matter of law there was insufficient evidence to support a jury finding of contributory negligence. We disagree.

For contributory negligence to apply, it is not necessary that plaintiff have actual...

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