COOPER v. KISER

Nos. 526, 527.

128 S.E.2d 244 (1962)

258 N.C. 175

Charles Junior COOPER v. Billie Vernon KISER. Allene Culler GILLESPIE v. Billie Vernon KISER.

Supreme Court of North Carolina.

November 21, 1962.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellants.

Coltrane & Gavin by T. Worth Coltrane, Asheboro, for defendant appellee.


PER CURIAM.

Plaintiffs were not denied recovery because of failure to establish the alleged negligence of defendant. On the contrary, they were denied relief on the theory that defendant's negligence was so palpable that plaintiffs, exercising that degree of caution which a prudent person would use for his own safety, would have refused to ride in defendant's automobile when operated either by Cranford or defendant.

Viewed in the light most favorable to plaintiffs...

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