BROWN v. BASS

Negligence 30 — A verdict finding that defendants were negligent, that plaintiff by his own negligence contributed to his injury, and awarding damages, will not be set aside for inconsistency, and the court correctly sets aside the award of damages and enters judgment that plaintiff recover nothing.

PER CURIAM.

Plaintiff's assertion of error is based on the contention that the answers given by the Jury to the second and third issues are so inconsistent that no judgment could be entered thereon and, because of the inconsistency, the verdict should have been set aside in toto and a new trial ordered.

The argument made for plaintiff has been made on several occasions in the past and rejected. Sasser v. Lumber Company, 165 N.C. 242, 81 S.E. 320; Holton v. Moore, 165 N.C. 549, 81 S.E. 779; Oates v. Herrin, 197 N.C. 171, 148 S.E. 30; McKoy v. Craven, 198 N.C. 780, 153 S.E. 412; Allen v. Yarborough, 201 N.C. 568, 160 S.E. 833; Crane v. Carswell, 203 N.C. 555, 166 S.E. 746; Bullard v. Ross, 205 N.C. 495, 171 S.E. 789; Butler v. Gantt, 220 N.C. 711, 18 S.E.2d 119; Swann v. Bigelow, 243 N.C. 285, 90 S.E.2d 396. The latest application of the rule will be found in Clodfelter v. Carroll, ante 630.

No error.