WILLIAMS v. MILLER

No. 526.

122 S.E.2d 606 (1961)

255 N.C. 726

Sadie Mae WILLIAMS, Plaintiff, and Roy Lee Williams, Additional Plaintiff, v. Don Bryce MILLER and Bennie Dennis Miller, Defendants.

Supreme Court of North Carolina.

November 22, 1961.


Attorney(s) appearing for the Case

Linn & Linn, Salisbury, for defendants-appellants.

George R. Uzzell and Robert M. Davis, Salisbury, for plaintiffs-appellees.


PER CURIAM.

Defendants strongly and ably contend that the court erred in overruling their motion for judgment of nonsuit in that (1) plaintiffs' evidence establishes that Mrs. Williams was contributorily negligent as a matter of law, and (2) there was a fatal variance between plaintiffs' allegations and proof. However, after careful consideration of the pleadings and evidence, the conclusion reached is that defendants' said motion was properly overruled.

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