DIXON v. LILLY

No. 527.

125 S.E.2d 426 (1962)

257 N.C. 228

Benson DIXON, a minor without general or testamentary guardian, appearing herein by his duly appointed next friend, Mildred S. Dixon, v. Fred Page LILLY, Jr.

Supreme Court of North Carolina.

May 23, 1962.


Attorney(s) appearing for the Case

Richard L. Brown, Jr., D. D. Smith, Albemarle, for defendant-appellant.

Charles H. Dorsett, Troy, for plaintiff-appellee.


DENNY, Chief Justice.

The sole question for decision on this appeal is whether or not the court below erred in failing to sustain the defendant's motion for judgment as of nonsuit.

The plaintiff alleged in his complaint that the "defendant failed to sound a horn or to use any other warning device or to give any adequate or timely signal or warning to this plaintiff of the defendant's approach, or intended course * * *." However, plaintiff did not allege that...

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