Trull v. Austin
This text of 113 S.E.2d 552 (Trull v. Austin) 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.
Opinion
Appropriate issues, applying the “last clear chance” doctrine, were submitted to the jury. Wade v. Sausage Co., 239 N.C. 524, 80 S.E. 2d 150. The jury answered only the first issue, finding that deceased was not injured or killed by the negligence of defendant. The trial judge properly denied plaintiff’s motion for peremptory instructions on the “negligence” and “contributory negligence” issues. The issues were for jury decision. The exceptions to the charge are not well taken. The court’s instructions adequately presented the applicable legal principles and are free of prejudicial error. There was no request for special instructions. The exception to exclusion of testimony is without merit.
No error.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
113 S.E.2d 552, 252 N.C. 367, 1960 N.C. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trull-v-austin-nc-1960.