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McGAHA v. SMOKY MOUNTAIN STAGES, INC.

No. 27.

140 S.E.2d 355 (1965)

263 N.C. 769

Brenda McGAHA v. SMOKY MOUNTAIN STAGES, INC., and Gordon Clark.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

Redden, Redden & Redden, by Arthur J. Redden, M. F. Toms, Hendersonville, for plaintiff appellee.

Whitmire & Whitmire, Hendersonville, for defendant appellants.

HIGGINS, Justice.

The defendant by exceptive assignment challenges the sufficiency of the findings of fact to support a recovery. The plaintiff alleged and both she and her husband testified that her injuries as well as his resulted from the collision between the moving bus and their stationary automobile. The plaintiff's pleadings were cast, her evidence was presented and the case was tried on that theory. Judge Sheppard entered, and then removed by crossing out...

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