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WATTS v. WATTS

No. 385.

113 S.E.2d 720 (1960)

252 N.C. 352

F. W. WATTS, Administrator of the Estate of Malcolm Watts, deceased, v. Frederick A. WATTS.

Supreme Court of North Carolina.

April 13, 1960.

Attorney(s) appearing for the Case

Harold R. Wilson, Winston-Salem, for plaintiff appellant.

Smith, Moore, Smith, Schell & Hunter, Greensboro, for defendant appellee.

DENNY, Justice.

The plaintiff assigns as error the ruling of the court below in sustaining the defendant's motion for judgment as of nonsuit.

The plaintiff alleged in his complaint that prior to 9 November 1958 "the defendant had actual knowledge that the emergency brake on said Mercury automobile was not in a safe working and mechanical condition and that the said defendant had purchased parts with which to repair...

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