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WHITSON v. FRANCES

No. 237.

83 S.E.2d 879 (1954)

240 N.C. 733

Mrs. Madeline B. WHITSON, Administratrix of Monroe Whitson, v. Sherrill FRANCES, George Frances, and George Frances, Guardian ad litem for Sherrill Frances.

Supreme Court of North Carolina.

October 13, 1954.

Attorney(s) appearing for the Case

W. C. Berry, Bakersville, G. D. Bailey, and W. E. Anglin, Burnsville, for plaintiff appellant.

Harkins, Van Winkle, Walton & Buck, Asheville for defendant appellees.

BARNHILL, Chief Justice.

In paragraph 7 of his complaint plaintiff alleges various acts of negligence on the part of the operator of the pickup truck "causing said pickup truck to strike the plaintiff's intestate, Monroe Whitson, with crushing impact at a time when the said Monroe Whitson was lawfully walking upon his extreme left-hand side or shoulder of said highway going in a northerly direction."

The defendants in their answer deny all the allegations...

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