WILSON v. BRIGHT

No. 94.

121 S.E.2d 601 (1961)

255 N.C. 329

Edward WILSON, Sr. v. Tom BRIGHT and wife, Bertie H. Bright. Ed WILSON, Jr., by his Next Friend, A. D. Ward v. Tom BRIGHT and wife, Bertie H. Bright.

Supreme Court of North Carolina.

September 20, 1961.


Attorney(s) appearing for the Case

Kennedy W. Ward, New Bern, for plaintiffs, appellees.

Whitehurst & Henderson, by R. E. Whitehurst, New Bern, for defendants, appellants.


HIGGINS, Justice.

This appeal presents identical questions in each case: (1) Is there a fatal variance between the allegations and the proof? (2) Was the evidence sufficient to survive the motions for nonsuit?

The complaints allege that Mrs. Bright operated the Plymouth over a dirt road carelessly and negligently at an excessive rate of speed and in such manner as to endanger the plaintiff; that she failed to keep the vehicle under proper control and failed...

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