{
  "id": 8549836,
  "name": "WILLIAM FRANKLIN SPENCER v. WACHOVIA BANK AND TRUST COMPANY, N. A.",
  "name_abbreviation": "Spencer v. Wachovia Bank & Trust Co.",
  "decision_date": "1975-05-21",
  "docket_number": "No. 7521DC25",
  "first_page": "88",
  "last_page": "89",
  "citations": [
    {
      "type": "official",
      "cite": "26 N.C. App. 88"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T16:59:13.418266+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Morris and Clark concur."
    ],
    "parties": [
      "WILLIAM FRANKLIN SPENCER v. WACHOVIA BANK AND TRUST COMPANY, N. A."
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nThe credibility of plaintiff\u2019s evidence is a matter for resolution by the jury and not by the trial judge or this court. When the evidence is considered in the light most favorable to plaintiff it would permit, but by no means require, a finding that plaintiff suffered some injury because of the negligence of defendant\u2019s employee in closing the drawer when she knew or should have known that plaintiff\u2019s hand was in the drawer. Plaintiff\u2019s evidence does not compel a finding of contributory negligence as a matter of law. This, too, is a question for the jury.\nThe judgment from which plaintiff appealed is reversed and the case is remanded.\nReversed and remanded.\nJudges Morris and Clark concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "David H. Wagner and Curtiss Todd, for plaintiff appellant.",
      "John E. Hodge, Jr., for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "WILLIAM FRANKLIN SPENCER v. WACHOVIA BANK AND TRUST COMPANY, N. A.\nNo. 7521DC25\n(Filed 21 May 1975)\nNegligence \u00a7 29\u2014 injury in drive-in window drawer \u2014 negligence \u2014 contributory negligence\nIn an action to recover for injuries sustained when plaintiff\u2019s hand was caught in a drawer at a drive-in window at defendant\u2019s bank, plaintiff\u2019s evidence was sufficient to be submitted to the jury on the issue of the negligence of defendant\u2019s employee in closing the drawer when she knew or should have known that plaintiff\u2019s hand was in the drawer and did not disclose that plaintiff was contributorily negligent as a matter of law.\nAppeal by plaintiff from Leonard, Judge. Judgment entered 20 September 1974 in District Court, Forsyth County. Heard in the Court of Appeals 18 March 1975.\nThe action is to collect damages for injuries allegedly received when plaintiff\u2019s hand was caught in a drawer at a drive-in window at defendant\u2019s bank.\nDefendant\u2019s motion for a directed verdict was allowed at the close of plaintiff\u2019s evidence.\nDavid H. Wagner and Curtiss Todd, for plaintiff appellant.\nJohn E. Hodge, Jr., for defendant appellee."
  },
  "file_name": "0088-01",
  "first_page_order": 116,
  "last_page_order": 117
}