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SMITH v. GOLDSBORO IRON & METAL COMPANY

No. 309.

125 S.E.2d 377 (1962)

257 N.C. 143

Kenneth Earl SMITH, a minor, by his next friend, Mrs. Eloise Smith, v. GOLDSBORO IRON & METAL COMPANY and Claudie Warrick.

Supreme Court of North Carolina.

May 9, 1962.

Attorney(s) appearing for the Case

J. Faison Thomson, Jr., Goldsboro, Jones, Reed & Griffin, Kinston, for plaintiff appellant.

Taylor, Allen & Warren, John H. Kerr, III, Goldsboro, for defendants appellees.

DENNY, Chief Justice.

The plaintiff's action is based solely and exclusively on the alleged negligence of defendant Warrick in parking the truck of the corporate defendant on a residential street in the City of Goldsboro in violation of an ordinance of said City and the provisions of G.S. § 20-129.1, G.S. § 20-134 and G.S. § 20-161.

There is no affirmative evidence tending to show that the truck of...

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