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MESSICK v. SCOTT

No. 410.

132 S.E.2d 898 (1963)

260 N.C. 449

Nancy Ann MESSICK, by her Next Friend D. F. Messick v. Nell Long SCOTT, Katie Louise Hice, a minor, Nell Long Scott, Guardian Ad Litem for Katie Louise Hice, Walter E. Martin, Marilou Martin, a minor, and Ellen C. Martin, Guardian Ad Litem for Marilou Martin. D. F. MESSICK v. Nell Long SCOTT, Katie Louise Hice, a minor, Nell Long Scott, Guardian Ad Litem for Katie Louise Hice, Walter E. Martin, Marilou Martin, a minor, and Ellen C. Martin, Guardian Ad Litem for Marilou Martin.

Supreme Court of North Carolina.

November 6, 1963.

Attorney(s) appearing for the Case

Weston P. Hatfield and C. Edwin Allman, Jr., Winston-Salem, for plaintiffs.

Deal, Hutchins & Minor, by Roy L. Deal, Winston-Salem, for defendants Martin.

No counsel for defendants Scott and Hice.

PER CURIAM.

Plaintiffs, who have filed a joint brief, by their appeal are seeking a new trial only as against the defendants Martin. All of their assignments of error, except a formal one as to the signing of the judgment, relate to the charge in respect to the second issue in each case. In each case the second issue reads: "Was the plaintiff damaged by the negligence of the defendants Walter E. Martin and Marilou Martin, a minor, as alleged?" The jury answered the...

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