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TURNER v. GASTONIA CITY BOARD OF EDUCATION

No. 168.

109 S.E.2d 211 (1959)

250 N.C. 456

Beverlyan TURNER, by her Next Friend, S. B. Turner, v. GASTONIA CITY BOARD OF EDUCATION and North Carolina State Board of Education.

Supreme Court of North Carolina.

June 12, 1959.

Attorney(s) appearing for the Case

L. B. Hollowell, Hugh W. Johnston, Gastonia, for plaintiff-appellant.

Malcolm B. Seawell, Atty. Gen., Ralph Moody, Asst. Atty. Gen., Charles D. Barham, Bernard A. Harrell, Staff Attys., Raleigh, for defendant State Board of Education, appellee.

Garland & Garland, by James G. Garland, Gastonia, for defendant Gastonia City Board of Education, appellee.

HIGGINS, Justice.

The facts alleged and those which arise from them by fair implication disclose the claim resulted from an injury to Beverlyan Turner, a pupil, while she was in the act of entering one of the public schools of the City of Gastonia. The injury was caused by the negligent manner in which Houston D. Tolbert operated a lawnmower upon the school grounds. Houston D. Tolbert, at the time, was an employee of the Gastonia City Board of Education.

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