Bizzell v. Clements

Supreme Court of North Carolina

Bizzell v. Clements

94 S.E.2d 607, 244 N.C. 627, 1956 N.C. LEXIS 479

DecidedOctober 17, 1956

StatusPublished

This text of 94 S.E.2d 607 (Bizzell v. Clements) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bizzell v. Clements, 94 S.E.2d 607, 244 N.C. 627, 1956 N.C. LEXIS 479 (N.C. 1956).

Pincite

Opinion

Per Curiam.

Under the pleadings and evidence, the issues of negligence and contributory negligence were properly submitted; and, while the contributory negligence issue might have been answered otherwise, [628]*628the jury upon conflicting evidence saw fit to resolve it in favor of defendant.

A careful examination of plaintiff’s assignments of error fails to disclose prejudicial error in the challenged rulings on evidence or as to challenged features of the charge. Indeed, it appears that the presiding judge fully and correctly instructed the jury as to the law applicable to the factual situations having support in the evidence.

No error.

Johnson, J., not sitting.

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Per Curiam.

Under the pleadings and evidence, the issues of negligence and contributory negligence were properly submitted; and, while the contributory negligence issue might have been answered otherwise, [628]*628the jury upon conflicting evidence saw fit to resolve it in favor of defendant.

A careful examination of plaintiff’s assignments of error fails to disclose prejudicial error in the challenged rulings on evidence or as to challenged features of the charge. Indeed, it appears that the presiding judge fully and correctly instructed the jury as to the law applicable to the factual situations having support in the evidence.

No error.

Johnson, J., not sitting.

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Bluebook (online)

94 S.E.2d 607, 244 N.C. 627, 1956 N.C. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bizzell-v-clements-nc-1956.