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BRADHAM v. McLEAN TRUCKING COMPANY

No. 239.

91 S.E.2d 891 (1956)

243 N.C. 708

Milton C. BRADHAM v. McLEAN TRUCKING COMPANY, a Corporation, and Everette H. Kalb.

Supreme Court of North Carolina.

March 28, 1956.

Attorney(s) appearing for the Case

Richard M. Welling, Charlotte, for plaintiff, appellant.

Kennedy, Kennedy & Hickman, by P. Dalton Kennedy, Jr., Charlotte, for defendants, appellees.

HIGGINS, Justice.

Decisive of this appeal is the question whether the evidence shows contributory negligence on the part of the plaintiff as a matter of law. If the evidence in the light most favorable to the plaintiff shows he was negligent and that his negligence was the proximate cause, or one of the proximate causes of the accident in which he was injured, he cannot recover, notwithstanding defendants' negligence also was one of the proximate and participating...

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