WALL v. TIMBERLAKE

No. 768.

158 S.E.2d 780 (1968)

272 N.C. 731

Rand Algernon WALL, and Rand Algernon Wall, Jr., by his Next Friend, Rand Algernon Wall, v. Edward Lee TIMBERLAKE.

Supreme Court of North Carolina.

February 2, 1968.


Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, by, Alfred S. Bryant, Durham, for defendant appellant.

Watkins & Jarvis, by, Jerry L. Jarvis, Durham, for plaintiff appellees.


HIGGINS, Justice:

The trial in the District Court was without a jury. Judge Moore heard the evidence, found and recorded the pertinent facts upon the basis of which he answered issues in favor of the plaintiffs, fixed the amount of damages resulting from the defendant's negligence and entered judgment in favor of the plaintiffs. The defendant appealed to the Superior Court, assigning as error: (1) The finding of negligence on the part of the defendant, and (2) The...

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