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Trull v. Austin

BLANCHE P. TRULL, Administratrix of WALTER ALFRED TRULL v. RAEFORD LEE AUSTIN

Trull v. Austin, 113 S.E.2d 552 (N.C. 1960)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
April 13, 1960
Judges
Cueiam
Citations
113 S.E.2d 552252 N.C. 3671960 N.C. LEXIS 554

Opinion of the Court — Cueiam

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PER Cueiam.

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1962: 119622026peak 1962 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Wade ex rel. Wade v. Jones Sausage Co., 80 S.E.2d 150 (N.C. 1954) 33

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