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GUNTER v. WINDERS

No. 667.

117 S.E.2d 787 (1961)

253 N.C. 782

Wesley C. GUNTER v. William R. WINDERS, Guardian ad litem for Billy Ray Allen, Oran J. Cottle, Horace Junior Efrid, and Miller Motor Express, Inc.

Supreme Court of North Carolina.

January 20, 1961.

Attorney(s) appearing for the Case

Daniel K. Edwards, Durham, for plaintiff-appellant.

Bryant, Lipton, Strayhorn & Bryant, by Victor S. Bryant Jr., Durham, for William R. Winders, guardian ad litem for Billy Ray Allen, minor, and Oran J. Cottle, defendants-appellees.

HIGGINS, Justice.

The plaintiff assigns as error the order of the court sustaining Allen and Cottle's plea in bar upon the ground the issues of negligence and contributory negligence presently involved had been determined by the judgment of the Superior Court of Alamance County in a civil action by Dalrymple, Administrator v. Gunter, Allen and Cottle. At the outset this Court is confronted with the procedural question whether upon the pleadings, including the judgment...

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