GIBBS v. GAIMEL

No. 22.

127 S.E.2d 271 (1962)

257 N.C. 650

Gwendellyn Brinn GIBBS v. Sheldon Alvin GAIMEL.

Supreme Court of North Carolina.

September 19, 1962.


Attorney(s) appearing for the Case

Robt. B. Lowry, John H. Hall, Elizabeth City, for plaintiff, appellee.

LeRoy, Wells & Shaw, Elizabeth City, by Dewey W. Wells, Elizabeth City, for defendant, appellant.


HIGGINS, Justice.

The evidence permits these inferences: The defendant's vehicle was defective. He knew of the defect, but permitted the plaintiff to use it without disclosing the defect, of which she had no knowledge. The defective condition of the accelerator occasionally permitted the gasoline to continue to flow into the engine after the release of pressure on the accelerator pedal. The defendant had found out the danger of a racing engine could be overcome by...

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