Supreme Court of North Carolina November 23, 1960 (Hunt v. Cranford)

lead-opinion

Higgins, J.

Two’questions are decisive of this appeal. First, did the court commit error in denying the defendant’s motion to amend the answer by setting up the judgment in the Summey ease? Second, *384did the court commit prejudicial error in failing to charge the effect of plaintiff’s excessive speed, or lack of it, on the issue of plaintiff’s contributory negligence?