COOPER v. ASHEVILLE CITIZEN-TIMES PUBLISHING CO., INC.

No. 97.

129 S.E.2d 107 (1963)

258 N.C. 578

Clayton COOPER, Administrator of the Estate of Betty Sue Cooper, Deceased, v. ASHEVILLE CITIZEN-TIMES PUBLISHING COMPANY, INC., Floyd Edward Sumner and Clayton Cooper, Individually.

Supreme Court of North Carolina.

February 1, 1963.


Attorney(s) appearing for the Case

Ward & Bennett, Asheville, for plaintiff-appellant.

Meekins, Packer & Roberts, Asheville, for defendant-appellee Asheville Citizen-Times Pub. Co., Inc.


BOBBITT, Justice.

The evidence, when considered in the light most favorable to plaintiff, was sufficient to require submission of the issue as to whether the death of plaintiff's intestate was proximately caused by the negligence of Sumner. Appellee, in its brief, does not contend otherwise.

The crucial question is whether the evidence, considered in the light most favorable to plaintiff, is sufficient to support a finding that Sumner was acting for and as...

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