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PORTER v. PITT

No. 238.

135 S.E.2d 42 (1964)

261 N.C. 482

Joseph PORTER, Appearing Herein by his Next Friend, L. E. Porter, v. Clarence Edward PITT, Erica Gray Umstead, Donald R. Haislip and Millie U. Haislip.

Supreme Court of North Carolina.

March 18, 1964.

Attorney(s) appearing for the Case

William L. Thorp, Jr., and William D. Etheridge, Rocky Mount, for defendant Clarence Edward Pitt, appellant.

Valentine & Valentine, by I. T. Valentine, Nashville, for plaintiff appellee.

PER CURIAM.

Defendants offered no evidence. Defendant Pitt assigns as error the denial of his motion for judgment of compulsory nonsuit made at the close of plaintiff's evidence.

Plaintiff's evidence would permit a jury to find the following facts: About 10:30 p. m. on 1 April 1962 plaintiff, a boy 14 years old, was riding as a passenger in an automobile driven by Erica Gray Umstead, a 16 year old boy. They were...

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