SMITH v. GRUBB

No. 390.

78 S.E.2d 598 (1953)

238 N.C. 665

SMITH v. GRUBB et al. PROPST CONST. CO., Inc. v. GRUBB et al.

Supreme Court of North Carolina.

November 25, 1953.


Attorney(s) appearing for the Case

John Hugh Williams, Concord, Ruark, Ruark & Moore, Raleigh, for plaintiffs appellants.

Hartsell & Hartsell, William L. Mills, Jr., Concord, for defendants appellees.


DEVIN, Chief Justice.

From an examination of the allegations of the two complaints, which in this respect are identical, wherein the plaintiffs have stated the facts constituting their causes of action against the defendants Grubb and Creameries, Inc., we think it affirmatively appears that the negligence of these defendants, if any, was insulated by the active negligence of Delma Smith, and that the demurrers ore tenus should have been sustained, and further that...

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