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PUNCH v. LANDIS

No. 307.

128 S.E.2d 224 (1962)

258 N.C. 114

Ernest Ray PUNCH, by and through Thurman R. Punch, Next Friend for Ernest Ray Punch, Infant v. T. E. LANDIS and C. E. Landis, Trading as Landis Motors; Henry Click Truitt; P & G Chair Company, Inc.; Grady Carroll, Jr.; Edna Wrenn Scarlett; William Lafayette Abernethy; Houston Donneli Havnaer; Abernethy's, Inc.; and Edna Wrenn Scarlett, Administratrix of the Estate of Russell Wayne Scarlett, Deceased.

Supreme Court of North Carolina.

November 21, 1962.

Attorney(s) appearing for the Case

Patrick, Harper & Dixon, by Charles D. Dixon, Bailey Patrick, Hickory, for T. E. Landis and C. E. Landis, Trading as Landis Motors, and Henry Click Truitt, defendants-appellants.

Patton & Ervin, by Frank C. Patton, Morganton, for defendant Scarlett-appellant.

James C. Smathers, Emmett C. Willis, Hickory, for defendants William Lafayette Abernethy, Houston Donnell Havnaer, and Abernethy's, Inc., appellants.

Sigmon & Sigmon, by Jesse Sigmon, Jr., Newton, for plaintiff-appellee.

HIGGINS, Justice.

The evidence indicated that Thomas Wesley Weaver, Douglass E. Houser, Russell Wayne Scarlett, Larry Nelson Scarlett, and the plaintiff were riding in the Chevrolet at the time of the collisions. All were killed except the plaintiff. He was a guest passenger riding in the back seat.

The personal representatives of Weaver and Houser instituted separate civil actions against all the defendants for damages under the wrongful death statute. The...

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