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SCARLETT v. ABERNETHY

No. 311.

135 S.E.2d 212 (1964)

261 N.C. 514

Rupert Franklin SCARLETT, Administrator of the Estate of Larry Nelson Scarlett, Deceased, v. William LaFayette ABERNETHY, Houston Donnell Havnaer, and Abernethy's, Incorporated. Edna Wrenn SCARLETT, Administratrix of the Estate of Russell Wayne Scarlett, Deceased, v. William LaFayette ABERNETHY, Houston Donnell Havnaer, and Abernethy's, Incorporated.

Supreme Court of North Carolina.

March 25, 1964.

Attorney(s) appearing for the Case

Corne & Warlick, by Stanley J. Corne, Newton, for plaintiff appellees.

Willis & Sigmon, by Emmett C. Willis, Hickory, for defendant appellants.

PER CURIAM.

The plaintiffs alleged the defendants were guilty of actionable negligence in a number of respects, principally by failure of their driver to reduce speed upon discovering the dense ribbon of fog which blanketed the road over a stream; and as a result of such failure the vehicle crashed into the Chevrolet, killing the occupants. There was allegation the defendants' vehicle was following too closely. However, the evidence in support is lacking, except,...

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