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MORRISETTE v. A. G. BOONE CO.

No. 27.

69 S.E.2d 239 (1952)

235 N.C. 162

MORRISETTE v. A. G. BOONE CO. et al.

Supreme Court of North Carolina.

February 27, 1952.

Attorney(s) appearing for the Case

Wayland P. Britton, John H. Hall, Elizabeth City for plaintiff, appellant.

McMullan & Aydlett, Elizabeth City, for defendants, appellees.

DEVIN, Chief Justice.

The judgment of nonsuit as to the defendant Atlantic & Pacific Tea Co. was not challenged, but plaintiff assigns error in the ruling of the court below in allowing the motion to nonsuit as to defendant Boone Company and its driver defendant Woods. The material facts were these:

July 10, 1950, about 3:30 p. m. plaintiff was driving his automobile in a westward direction on Highway 264. A slight rain was falling. Approaching the intersection...

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