LOVING v. WHITTON

No. 524.

84 S.E.2d 919 (1954)

241 N.C. 273

Mrs. Freda M. LOVING v. Earle WHITTON and Richard D. Gibson.

Supreme Court of North Carolina.

December 15, 1954.


Attorney(s) appearing for the Case

Francis H. Fairley and Robinson & Jones, Charlotte, for defendant-appellant Richard D. Gibson.

Tillett, Campbell, Craighill & Rendleman, Charlotte, for plaintiff-appellee.

Helms & Mulliss, Wm. H. Bobbitt, Jr., and Cochran, McCleneghan & Miller, Charlotte, for defendant-appellee Earle Whitton.


BARNHILL, Chief Justice.

On the question raised by the demurrer ore tenus interposed in this Court by the defendant Gibson, the essential determinative facts alleged by plaintiff may be summarized without quoting verbatim the several allegations of negligence contained in the complaint. These facts, for the purpose of decision of this question, are admitted by the demurrer and must be treated as facts agreed.

She alleges that (1) East Seventh Street...

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