MOORE v. BUTLER

No. 705DC662.

178 S.E.2d 35 (1970)

10 N.C. App. 120

Delma Jeremiah MOORE v. Julius Ray BUTLER.

Court of Appeals of North Carolina.

December 16, 1970.


Attorney(s) appearing for the Case

Robert White Johnson, James, James & Crossley, Wilmington, for plaintiff appellee.

Smith & Spivey by W. G. Smith, Wilmington, for defendant appellant.


BRITT, Judge.

Defendant assigns as error the failure of the trial court to allow his timely made motions for directed verdict on the ground of plaintiff's contributory negligence as a matter of law. The assignment of error is sustained.

Plaintiff's evidence pertaining to this assignment tended to show: At approximately 9:00 P.M. on 25 October 1969 plaintiff was driving his automobile east on Ann Street. As he approached the intersection with Seventh Street...

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