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BUMGARDNER v. ALLISON

No. 307.

78 S.E.2d 752 (1953)

238 N.C. 621

BUMGARDNER v. ALLISON et al.

Supreme Court of North Carolina.

November 25, 1953.

Attorney(s) appearing for the Case

Theodore F. Cummings, Hickory, for plaintiff, appellee.

Smathers & Shuford, Hickory, and Helms & Mulliss, Charlotte, for defendant appellants.

JOHNSON, Justice.

The evidence adduced below, as it relates to the defendants Fence Company and truck driver George, makes out a clear prima facie case of actionable negligence against these defendants. This, without more, on the basis of the testimony tending to show (1) that the truck was left parked in the nighttime without lights of any kind, in violation of G.S. § 20-134, and also in violation of the ordinance of the City of Hickory adopted pursuant to the...

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