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ATKINS v. MOYE

No. 16.

176 S.E.2d 789 (1970)

277 N.C. 179

Thomas Sullivan ATKINS v. Eddie Lee MOYE and Barney Burke Transfer Company, Inc., a Corporation.

Supreme Court of North Carolina.

October 14, 1970.

Attorney(s) appearing for the Case

Bennett, Kelly & Long, Asheville, for plaintiff appellee.

Van Winkle, Buck, Wall, Starnes & Hyde, Asheville, for defendants appellants.

SHARP, Justice.

The trial judge instructed the jury that by statute, G.S. § 20-138, it is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle upon the highways within this State and that a violation of this statute is negligence per se. Watters v. Parrish, 252 N.C. 787, 115 S.E.2d 1. He explained that a person is under the influence of intoxicating liquor...

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