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PERKINS v. COOK

No. 356.

158 S.E.2d 584 (1968)

272 N.C. 477

Carroll A. PERKINS v. Ruth COOK, Joan Cook Clay and Joan Cook Clay, Guardian Ad Litem for Ruth Cook.

Supreme Court of North Carolina.

January 12, 1968.

Attorney(s) appearing for the Case

Byrd, Byrd & Ervin Law Firm, Morganton, for plaintiff appellant.

James C. Smathers, Hickory, for defendant appellees.

LAKE, Justice.

In their brief the defendants concede that the evidence offered by the plaintiff is sufficient to carry the case to the jury on the issue of negligence by Ruth Cook, and that the nonsuit was error unless it can be supported on the ground of contributory negligence by the plaintiff. We are in accord with this conclusion. The defendants do not concede, of course, that the facts with reference to negligence by Ruth Cook are as the plaintiff's evidence...

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