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BOYKIN v. BENNETT

No. 310.

118 S.E.2d 12 (1961)

253 N.C. 725

Louise K. BOYKIN, Administratrix of the Estate of John R. Boykin, Deceased, v. William E. BENNETT, John R. Taylor and Arthur Ray Matthews.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff.

John G. Dawson, Kinston, and Roberts & Stocks, Greenville, for defendant John R. Taylor.

White & Aycock, Kinston, for defendant William E. Bennett.

Ward & Tucker, New Bern, for defendant Arthur Ray Matthews.

MOORE, Justice.

It does not affirmatively appear from the allegations of the complaint that plaintiff's intestate was contributorily negligent as a matter of law. As to his conduct the sole allegation is that "he was riding as a gratuitous passenger" in the automobile owned and operated by defendant Bennett.

There is no allegation from which it affirmatively appears, or is necessarily implied, that plaintiff's intestate...

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