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MASON v. GILLIKIN

No. 92.

124 S.E.2d 537 (1962)

256 N.C. 527

Susan Helene MASON, by her next friend, Mary Lou Mason, v. Lundy GILLIKIN, Jr., and James Everett Lawrence.

Supreme Court of North Carolina.

March 21, 1962.

Attorney(s) appearing for the Case

C. R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for defendant Gillikin, appellant.

Barden, Stith & McCotter, New Bern, for defendant Lawrence, appellant.

Harvey Hamilton, Jr., Moorehead City, for plaintiff, appellee.

BOBBITT, Justice.

In Boykin v. Bennett, 253 N.C. 725, 731, 118 S.E.2d 12, this Court, in opinion by Moore, J., held: "The violation of the racing statute, G.S. § 20-141.3(a) and (b), is negligence per se. Those who participate are on a joint venture and are encouraging and inciting each other. The primary negligence involved is the race itself. All who wilfully participate in speed competition...

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