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SMITH v. SIMPSON

No. 454.

133 S.E.2d 474 (1963)

260 N.C. 601

Charles B. SMITH, bnf., Plaintiff, v. Eddle Martin SIMPSON and Sarah Elizabeth Simpson, Gdn. of Wayne Rosser Simpson, and Thomas Robert McCants, Defendants.

Supreme Court of North Carolina.

December 11, 1963.

Attorney(s) appearing for the Case

Bryan & Bryan and Wilson & Bain, Dunn, for plaintiff appellant.

Quillin, Russ & Worth, Fayetteville, for Thomas Robert McCants, defendant appellee.

Haywood & Denny, Durham, for Eddie Martin Simpson and Sarah Elizabeth Simpson, guardian ad litem of Wayne Rosser Simpson, defendant appellees.

MOORE, Justice.

None of plaintiff's exceptions relating to Wayne are brought forward in his brief—they are therefore abandoned. He seeks a new trial as to Mr. Simpson and McCants.

(1). It is contended that the court erred in its instructions to the jury on the second issue relating to the liability of Mr. Simpson under the family purpose doctrine.

Plaintiff alleges in paragraph 7 of his complaint that "Eddie Martin Simpson owned the 1960 Chevrolet...

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