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MOSS v. CITY OF WINSTON-SALEM

No. 384.

119 S.E.2d 445 (1961)

254 N.C. 480

Stephen Ward MOSS, by his next friend, Thelma W. Moss, v. CITY OF WINSTON-SALEM, Israel Mitchell, and Wood Brothers Manufacturing Company.

Supreme Court of North Carolina.

April 19, 1961.

Attorney(s) appearing for the Case

Weston P. Hatfield, Clyde C. Randolph, Jr., Winston-Salem, for plaintiff appellant.

Hudson, Ferrell, Petree, Stockton & Stockton, Winston-Salem, for defendant appellee.

DENNY, Justice.

It is alleged in the complaint that the plaintiff was seriously injured on 4 September 1958 as a result of being struck by a piece of a bicycle handlebar, in Winston-Salem, Forsyth County, North Carolina, when a certain rotary mower, Model 80, manufactured by the defendant, owned by the defendant City of Winston-Salem, and operated by the defendant Israel Mitchell as agent and employee of the defendant City of Winston-Salem, encountered the piece of...

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