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WHITESIDE v. McCARSON

No. 30.

110 S.E.2d 295 (1959)

250 N.C. 673

Lois WHITESIDE v. Melvin McCARSON, Minor, and Robert Johnson, and M. M. Redden, Jr., Guardian Ad Litem of Melvin McCarson.

Supreme Court of North Carolina.

September 23, 1959.

Attorney(s) appearing for the Case

M. F. Toms and A. J. Redden, Hendersonville, for plaintiff, appellee.

Harkins, Van Winkle, Walton & Buck and O. E. Starnes, Jr., Asheville, for defendant Johnson, appellant.

BOBBITT, Justice.

Plaintiff alleged that, on the occasion of said collision, McCarson was operating Johnson's 1953 Pontiac (1) with Johnson's consent, and (2) as Johnson's agent, servant and employee, for Johnson's use and benefit and within the scope of the agency. Defendants filed separate answers. Johnson denied all of plaintiff's said allegations.

Plaintiff offered evidence tending to show the collision was caused by the negligence of McCarson in...

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