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JACKSON v. JONES

No. 180A89.

385 S.E.2d 145 (1989)

325 N.C. 543

Eunice J. JACKSON v. Shadrach JONES.

Supreme Court of North Carolina.

November 9, 1989.

Attorney(s) appearing for the Case

Brenton D. Adams, Raleigh, for plaintiff-appellant.

James, Godwin, Wellman & Stephenson by A.S. Godwin, Jr., Roanoke Rapids, for defendant-appellee.

PER CURIAM.

We conclude, as did the dissenting opinion in the Court of Appeals, that the evidence was insufficient to support a finding of contributory negligence. The Court of Appeals' decision to the contrary is reversed and the case is remanded to that court for further remand to Superior Court, Halifax County. We also conclude, in our discretion, that a new trial should be conducted on all issues. See Robertson v. Stanley, 285 N.C. 561

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