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MARSHBURN v. PATTERSON

No. 678.

85 S.E.2d 683 (1955)

241 N.C. 441

R. W. MARSHBURN v. Billy Rae PATTERSON, Clyde Eddleman and Ethel Eddleman. Wilbur W. MARSHBURN, by his Next Friend, Lucille C. Marshburn, v. Billy Rae PATTERSON, Clyde Eddleman and Ethel Eddleman.

Supreme Court of North Carolina.

February 4, 1955.

Attorney(s) appearing for the Case

C. M. Llewellyn and M. B. Sherrin, Concord, for defendant-appellants.

Jordan & Wright, Greensboro, for plaintiff-appellees.

BARNHILL, Chief Justice.

During the trial of these causes in the court below, the defendants entered timely motions to dismiss the actions as to both plaintiffs as in case of involuntary nonsuit. The motions were denied and the defendants excepted. These exceptions are the bases of one of defendants' primary assignments of error.

The defendants in their brief concede there is sufficient evidence of negligence on the part of the defendant Patterson to repel...

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