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JONES v. MATHIS

No. 171.

119 S.E.2d 200 (1961)

254 N.C. 421

Vivian Beulah JONES v. James MATHIS, Original Defendant, and Gladys Mathis, Additional Defendant.

Supreme Court of North Carolina.

April 12, 1961.

Attorney(s) appearing for the Case

Elbert A. Brown and Poisson, Marshall, Barnhill & Williams, Wilmington, for plaintiff, appellee.

R. S. McClelland, W. Allen Cobb and L. Bradford Tillery, Wilmington, for defendants, appellants.

BOBBITT, Justice.

Assignment of error No. 1 is based on defendants' exception to the court's action in sustaining plaintiff's plea in bar to the cross action of James Mathis.

Plaintiff alleged, in substance, these facts: She was driving south on U. S. Highway No. 117. When she reached a point at or near the George Henry Grill, James Mathis "suddenly and abruptly" drove the Chevrolet from the private parking lot of said Grill without signal or warning, "onto...

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