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McNEILL v. BULLOCK

No. 741.

106 S.E.2d 509 (1959)

249 N.C. 416

Wilson J. McNEILL, Administrator of the Estate of Ricky McDougald, v. Avery BULLOCK.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

Britt, Campbell & Britt, Fairmont, for plaintiff.

Varser, McIntyre, Henry & Hedgpeth, Lumberton, for defendant.

PER CURIAM.

Even though a motor vehicle is operated on private property and away from a public highway or street, it is the duty of the operator thereof to exercise ordinary care to avoid injury to a child of tender years. 60 C.J.S. Motor Vehicles § 349(3), page 821.

In the instant case, however, there is no evidence tending to show that the defendant saw the plaintiff's intestate after the child went into...

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