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GOODE v. BARTON

No. 101.

78 S.E.2d 398 (1953)

238 N.C. 492

GOODE v. BARTON et al.

Supreme Court of North Carolina.

November 4, 1953.

Attorney(s) appearing for the Case

Harkins, Van Winkle, Walton & Buck, Asheville, for plaintiff, appellee.

Adams & Adams, Asheville, for defendants, appellants.

PARKER, Justice.

Summons in this action was duly issued on 15 November 1951. On 4 June 1953, the defendants duly served on plaintiff a notice that at the convening of Court on 9 June, or as soon thereafter as convenient to the Court, they would move the Court for leave to amend their respective answers so as to allege assumption of risk and contributory negligence of plaintiff's intestate in failing to protest against the manner in which Kenneth Barton was driving...

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