Supreme Court of North Carolina, 1961

Fishel v. Carpenter

Fishel v. Carpenter
Supreme Court of North Carolina · Decided November 1, 1961 · Cueiam
255 N.C. 576; 122 S.E.2d 201; 1961 N.C. LEXIS 637

Fishel v. Carpenter

Opinion of the Court

Pee Cueiam.

The defendant assigns as error the refusal of the court to submit an issue of plaintiff’s negligence both as a bar to plaintiff’s recovery and as a basis for defendant’s counterclaim. The evidence, however, was insufficient to permit a reasonable inference of plaintiff’s negligence. The assignment of error is not sustained. Reason does not appear why the judgment should be disturbed.

No error.

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