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SMITH v. WHISENHUNT

No. 382.

130 S.E.2d 334 (1963)

259 N.C. 234

Margaret K. SMITH v. Oscar Raymond WHISENHUNT, Sr., Individually and as Guardian Ad Litem for Oscar Raymond Whisenhunt, Jr., Original Defendants, and Ruby Wallace, Additional Defendant.

Supreme Court of North Carolina.

April 10, 1963.

Attorney(s) appearing for the Case

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by Norwood Robinson, Winston-Salem, for original defendants-appellants.

Deal, Hutchins & Minor, by Fred S. Hutchins and Edwin T. Pullen, Winston-Salem, for Ruby Wallace, defendant-appellee.

Elledge & Mast, by David P. Mast, Jr., Winston-Salem, for plaintiff-appellee.

HIGGINS, Justice.

The evidence was ample to show the plaintiff's damage. On that issue the record does not disclose error. The evidence of negligence on the part of the original defendants as a proximate cause, or one of the proximate causes, of plaintiff's damage, was likewise ample. On that issue the record fails to disclose error. The jury's findings entitled the plaintiff to judgment against the original defendants.

When the original defendants brought...

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