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BADGER v. MEDLEY

No. 382.

138 S.E.2d 401 (1964)

262 N.C. 742

G. T. BADGER, Jr., Administrator of Erika Ingrid Hastings, Deceased, v. Pete MEDLEY.

Supreme Court of North Carolina.

November 4, 1964.

Attorney(s) appearing for the Case

Bowie, Bowie & Vannoy, West Jefferson, for plaintiff.

John E. Hall, North Wilkesboro, for defendant, McElwee & Hall, North Wilkesboro, of counsel.

PER CURIAM.

There were no eyewitnesses other than defendant and deceased. Defendant did not see deceased until after the impact. Evidence is totally lacking as to speed; there is no showing that defendant knew children were customarily on or near the highway in this vicinity. There is no evidence that any other child was on or near the highway at the time of the accident. It may be inferred that defendant did not sound...

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