DIXON v. BRILEY

No. 737.

117 S.E.2d 747 (1961)

253 N.C. 807

Albert DIXON, Administrator of James B. Dixon, Deceased, v. William F. BRILEY, Administrator of Otha Lee Dixon, Deceased, and Southern Railway Company, a Corporation.

Supreme Court of North Carolina.

January 20, 1961.


Attorney(s) appearing for the Case

William T. Joyner, Raleigh, Long, Ridge, Harris & Walker, Burlington, for defendant Southern Railway Co.

No counsel contra.


PER CURIAM.

We assume the court below was of the opinion that the allegations set out in the proposed amendment were insufficient to constitute a good and sufficient plea that the car involved in the collision was a family purpose car and was being so used at the time of the accident with the knowledge and consent of the plaintiff, the owner thereof.

It is true the allegations are not explicit as to whether or not the sons of the plaintiff, James B. Dixon...

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