DENNIS v. CITY OF ALBEMARLE

No. 461.

90 S.E.2d 532 (1955)

243 N.C. 221

John Teeman DENNIS v. The CITY OF ALBEMARLE, Ray Snuggs, and D. A. Holbrook, Contractor.

Supreme Court of North Carolina.

December 14, 1955.


Attorney(s) appearing for the Case

C. M. Llewellyn, M. B. Sherrin, Jr., and Ann Llewellyn Green, Concord, for plaintiff, appellee.

R. L. Smith & Son and Henry C. Doby, Jr., Albemarle, for defendant City of Albemarle, appellant.


BOBBITT, Justice.

In the original opinion, it is stated:

"Upon the evidence here presented, the inference is permissible that plaintiff responded involuntarily when accosted by one calling from the steeple of the church. It can hardly be said that, when plaintiff's attention was momentarily diverted by this rather unusual greeting, the only permissible inference is that he failed to act as an ordinarily prudent person would have acted under the circumstances...

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