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LYNN v. WHEELER

No. 164.

133 S.E.2d 514 (1963)

260 N.C. 658

James R. LYNN v. H. A. WHEELER and R. P. Harrison, Jr., Trading as Robinwood Race Track.

Supreme Court of North Carolina.

December 11, 1963.

Attorney(s) appearing for the Case

Whitener & Mitchem, Basil L. Whitener, Wade W. Mitchem, Gastonia, for plaintiff appellee.

Kennedy, Covington, Lobdell & Hickman, by W. T. Covington, Jr., Edgar Love, III, Charlotte, for defendant appellants.

HIGGINS, Justice.

In this case the plaintiff alleged the defendants in five particulars failed to exercise reasonable care for his safety while he was attending their automobile races as a paying customer; and that their negligence as charged proximately caused his injury and damage. Proof substantially as alleged in at least one of the particulars is essential to recovery. Messick v. Turnage, 240 N.C. 625, 83 S.E.2d...

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