RUSS v. SMITH

No. 595.

128 S.E.2d 238 (1962)

258 N.C. 210

Leo RUSS v. I. Shep SMITH.

Supreme Court of North Carolina.

November 28, 1962.


Attorney(s) appearing for the Case

S. B. Frink, Southport, for defendant, appellant.

Herring, Walton & Parker, Southport, for plaintiff, appellee.


PER CURIAM.

The plaintiff, by way of reply to the allegation of contributory negligence, pleaded the defendant's last clear chance to avoid the injury. The jury, having found the plaintiff was not contributorily negligent, left the issue of last clear chance unanswered. The defendant, therefore, may not be heard to complain.

The case was tried in accordance with our decisions as to the matters of law involved and the jury settled the issues of fact.

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