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McCURDY v. ASHLEY

No. 393.

131 S.E.2d 321 (1963)

259 N.C. 619

Jessie Lee McCURDY, Adm'x, Bruce Eugene McCurdy, Deceased, v. Dean Smith ASHLEY. Jessie Lee McCURDY, Adm'x, Bradley Eugene McCurdy, Deceased, v. Dean Smith ASHLEY. Tony McCURDY, by his Next Friend Jessie Lee McCurdy, v. Dean Smith ASHLEY.

Supreme Court of North Carolina.

June 14, 1963.

Attorney(s) appearing for the Case

Land, Sowers & Avery by Neil S. Sowers, and W. R. Battley, Statesville, for defendant-appellant.

Hendren & West by L. Hugh West, Jr., Statesville, for plaintiffs-appellees.

PARKER, Justice.

After midday on 9 October 1960 Bruce Eugene McCurdy and his two sons, Bradley Eugene McCurdy nearly six years old and Tony McCurdy about four years and five or six months old (he testified he was six in June 1962), met defendant at a radio station near the town of Mooresville, and all three got in defendant's 1953 Oldsmobile to go to the Lincolnton drag strip. A short time thereafter Adrian Settlemeyer was driving an automobile 40 miles an hour west...

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