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WALKER v. BYRD

No. 391.

127 S.E.2d 781 (1962)

258 N.C. 62

Wendell J. WALKER, Minor, By His Next Friend, Juanita Caudle Walker v. James Edward BYRD. Shelia Ann WALKER, Minor, By Her Next Friend, Juanita Caudle Walker v. James Edward BYRD.

Supreme Court of North Carolina.

October 31, 1962.

Attorney(s) appearing for the Case

Deal, Hutchins & Minor, Winston-Salem, for defendant-appellant.

Leake & Phillips, and W. Z. Wood, Winston-Salem, for plaintiff-appellee.

PER CURIAM.

The duty which a motorist in this jurisdiction owes to children whom he sees, or in the exercise of proper care should see, on or near the highway, has been too often stated to need further elaboration here. For the purpose of this appeal we must, of course, accept the plaintiff's evidence as true. High v. Atlantic Coast Line R. R. Co., 248 N.C. 414, 103 S.E.2d 498. Therefore, when the...

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