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MOORE v. H. SINGLETON

No. 102.

106 S.E.2d 214 (1958)

249 N.C. 287

Roberta McMillian MOORE, Administratrix of the Estate of James Arthur McMillian, v. John H. SINGLETON, Arthur E. Cox, Sr., and Harry Carroll and Florence Carroll. Mattie Estelle HALL, Administratrix of the Estate of Lillie Mae Hall, v. John H. SINGLETON, Arthur E. Cox, Sr., and Harry Carroll and Florence Carroll.

Supreme Court of North Carolina.

December 10, 1958.

Attorney(s) appearing for the Case

S. Thomas Walton, McLean, Gudger, Elmore & Martin, Harry C. Martin, Asheville, for plaintiffs, appellants.

Harkins, Van Winkle, Walton & Buck, Asheville, for defendants Harry Carroll and Florence Carroll, appellees.

Uzzell & Dumont, Asheville, for defendant John H. Singleton, appellee.

PER CURIAM.

The judgments of nonsuit were entered because of variances between the plaintiffs' allegations of negligence and their proof. The complaints allege the defendants Carroll were negligent in that the driver slowed down for the intersection without warning or signals; and that Moore (the driver of the car in which plaintiffs' intestates were riding) applied his brakes to keep from striking the Carroll car from the rear, skidded his car out of control, crossed...

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