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STEPHENS v. CARTER

No. 596.

98 S.E.2d 311 (1957)

246 N.C. 318

Carl STEPHENS, trading and doing business as Service Oil Company, v. Sam C. CARTER.

Supreme Court of North Carolina.

May 22, 1957.

Attorney(s) appearing for the Case

Powell & Powell, Whiteville, for defendant, appellant.

Powell, Lee & Lee, Whiteville, for plaintiff, appellee.

HIGGINS, Justice.

The facts controlling decision in this case are not in dispute. Prior to 1930 George W. Dove erected a filling station on a lot owned by him in the town of Chadbourn. In connection with the filling station the Standard Oil Company installed a 550-gallon storage tank. This tank was buried underground and was attached to a pump used in dispensing gasoline. About the year 1938 Mr. Dove installed a 5,000-gallon tank, also underground and similarly connected...

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