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NIX v. EARLEY

No. 30.

140 S.E.2d 402 (1965)

263 N.C. 795

Millard NIX, Administrator of the Estate of Lonnie Nix, Deceased, v. Everett Darwin EARLEY.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

Wm. D. Lonon, Marion, for plaintiff appellant.

E. P. Dameron, Marion, for defendant appellee.

PER CURIAM.

After careful and full consideration of the evidence, we are of opinion, and so decide, that there is no evidence sufficient to support plaintiff's allegation that Lonnie Nix was crossing Highway #70 within an unmarked crosswalk at an intersection. G.S. § 20-173; G.S. § 20-174; G.S. § 20-38(l).

If it be conceded that the evidence was sufficient to require submission of an issue as to defendant...

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