Russ v. Smith

Supreme Court of North Carolina

Russ v. Smith

128 S.E.2d 238, 258 N.C. 210, 1962 N.C. LEXIS 703

DecidedNovember 28, 1962

StatusPublished

This text of 128 S.E.2d 238 (Russ v. Smith) 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

Russ v. Smith, 128 S.E.2d 238, 258 N.C. 210, 1962 N.C. LEXIS 703 (N.C. 1962).

Pincite

Opinion

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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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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Bluebook (online)

128 S.E.2d 238, 258 N.C. 210, 1962 N.C. LEXIS 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russ-v-smith-nc-1962.