Court of Appeals of North Carolina June 18, 1969, No. 68SC196 (Thomas ex rel. Thomas v. Queen City Coach Co.)

PARKER, J.

Plaintiff assigns as error the refusal of the trial court to submit an issue as to last clear chance. To invoke that doctrine, plaintiff must plead it and the burden of proof is upon him. Exum v. Boyles, 272 N.C. 567, 158 S.E. 2d 845; Bailey v. R. R., 223 N.C, 244, 25 S.E. 2d 833.