Hunt v. Wooten

76 S.E.2d 326 (1953)

238 N.C. 42

HUNT

v.

WOOTEN et al.

No. 383.

Supreme Court of North Carolina.

June 12, 1953.

Thos. J. White, Kinston, for the plaintiff, appellee.

Sutton & Greene, Kinston, for the defendants, appellants.

ERVIN, Justice.

The defendants concede with commendable candor the sufficiency of the plaintiff's evidence to make out a case of actionable negligence on their part. They lay claim to a new trial, however, on the ground that the presiding judge committed reversible error in admitting testimony, in failing to submit an issue of contributory negligence, and in charging the jury.

As a…