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FORGY v. SCHWARTZ

No. 668.

136 S.E.2d 668 (1964)

262 N.C. 185

George L. FORGY v. Mrs. Evelyn K. SCHWARTZ and Henry Bane, Administrator of the Estate of John Edward Mitchell, Deceased. Virginia Davis FORGY v. Mrs. Evelyn K. SCHWARTZ and Henry Bane, Administrator of the Estate of John Edward Mitchell, Deceased. Joy Lee FORGY, by her Next Friend Virginia Davis Forgy, v. Mrs. Evelyn K. SCHWARTZ and Henry Bane, Administrator of the Estate of John Edward Mitchell, Deceased. Rose KLUGERMAN v. Mrs. Evelyn K. SCHWARTZ and Henry Bane, Administrator of the Estate of John Edward Mitchell, Deceased. William R. WINDERS, Ancillary Administrator of the Estate of Nathan Schwartz, Deceased, v. Mrs. Evelyn K. SCHWARTZ and Henry Bane, Administrator of the Estate of John Edward Mitchell, Deceased.

Supreme Court of North Carolina.

June 12, 1964.

Attorney(s) appearing for the Case

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

Maupin, Taylor & Ellis, Raleigh, for Evelyn K. Schwartz, defendant appellant.

SHARP, Justice.

That the reckless driving of defendant Bane's intestate, John Edward Mitchell, proximately caused the head-on collision between the Buick and the Schwartz station wagon is not contested. The question is whether there is any evidence tending to show that defendant Schwartz, by the exercise of reasonable care, could have avoided the consequences of Mitchell's negligence after he drove his automobile into her lane of travel. A motorist, although in his...

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