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OSBORNE v. GILREATH

No. 239.

86 S.E.2d 462 (1955)

241 N.C. 685

Jesse A. OSBORNE, Administrator of the Estate of Dorothy Jean Osborne v. Charles GILREATH.

Supreme Court of North Carolina.

March 23, 1955.

Attorney(s) appearing for the Case

W. H. McElwee, Jr. and Ralph Davis, No. Wilkesboro, for plaintiff, appellant.

Larry S. Moore, Trivette, Holshouser & Mitchell and Robert M. Gambill, No. Wilkesboro, for defendant, appellee.

PARKER, Justice.

In his complaint plaintiff first alleges that the defendant was operating the automobile at the time it overturned. Further on he alleges that at the time it was being operated by the defendant, or by some one under his direction and control. And further on he alleges that the defendant was either operating the automobile or controlling its operation.

All of plaintiff's evidence as to the operator...

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