Supreme Court of North Carolina, 1962

Russ v. Smith

Russ v. Smith
Supreme Court of North Carolina · Decided November 28, 1962
258 N.C. 210; 128 S.E.2d 238; 1962 N.C. LEXIS 703

Russ v. Smith

Opinion of the Court

Per Curiam.

The plaintiff, by way of reply to the allegation of contributory negligence, pleaded the defendant’s last clear chance to avoid the injury. The jury, having found the plaintiff was not con-tributorily negligent, left the issue of last clear chance unanswered. The defendant, therefore, may not be heard to complain.

The case was tried in accordance with our decisions as to the matters of law involved and the jury settled the issues of fact.

No error.

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