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CASEY v. POPLIN

No. 288.

144 S.E.2d 207 (1965)

265 N.C. 450

Hugh G. CASEY, Jr., Administrator of the Estate of Johnny Ray Hunsucker, Plaintiff, v. Mary E. POPLIN, Administratrix of the Estate of Jonah Richard Burleson, James Archie Revels, Robert Edward Lee Martin, Laurinburg Milling Company, Carolina Fleets, Inc., and W. R. Bonsal, Co., Inc., Defendants.

Supreme Court of North Carolina.

October 13, 1965.

Attorney(s) appearing for the Case

Bradley, Gebhardt, DeLaney & Millette, by Samuel M. Millette, Reginald S. Hamel, Charlotte, for plaintiff appellant.

Richard L. Brown, Jr., Albemarle, for defendants Robert Edward Lee Martin and W. R. Bonsal Company, Inc., appellees.

Craighill, Rendleman & Clarkson, Charlotte, for defendants James Archie Revels and Laurinburg Milling Company, appellees.

PER CURIAM:

The evidence, when fairly analyzed, disclosed that the Burleson pickup truck ran off the travel portion of the highway to the driver's right, cut back across the center line and skidded sidewise out of control into the Laurinburg tractor-trailer's travel lane where the two vehicles collided. Burleson was killed instantly and plaintiff's intestate received injuries from which he died four days later. The evidence disclosed that both Burleson and plaintiff...

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