HOLLOWAY v. HOLLOWAY

No. 672.

136 S.E.2d 559 (1964)

262 N.C. 258

James Eddie HOLLOWAY, by his next friend, Mrs. Izolia Blake Holloway, v. Rosa HOLLOWAY. James Eddie HOLLOWAY, Sr. v. Rosa HOLLOWAY and husband, Connie Holloway.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

Everett, Everett & Everett, Durham, for plaintiff appellants.

Bryant, Lipton, Bryant & Battle, Durham, for defendant appellees.


DENNY, Chief Justice.

The only assignment of error is based on an exception to the ruling of the court below sustaining defendants' motion for judgment as of nonsuit.

In our opinion, if it be conceded that defendant Rosa Holloway was guilty of actionable negligence, it is equally clear that the minor plaintiff contributed to his own injury by negligently and carelessly entering the street without taking any precaution whatever for his own safety.

It...

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