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BENSON v. DARK

No. 613.

141 S.E.2d 477 (1965)

264 N.C. 366

Johnny D. BENSON, by his Next Friend, J. L. Benson, Plaintiff, v. Thomas C. DARK and Joey Challfour, Original Defendants, and Freddie L. Benson and Dayton Barbour, Additional Defendants.

Supreme Court of North Carolina.

April 28, 1965.

Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett, by Willis Smith, Jr., Raleigh, for original defendants Thomas C. Dark and Joey Chalifour, appellants.

Albert A. Corbett, Smithfield, for additional defendants Freddie L. Benson and Dayton Barbour, appellees.

PER CURIAM:

The original defendants assign as error (1) the refusal of the court to enter judgment of compulsory nonsuit in the plaintiff's action at the close of the evidence, (2) the refusal to enter nonsuit on the cross action of the additional defendants against the original defendants. The appellants abandoned their first assignment but insist that the evidence was insufficient to make out a case of negligence against the original defendants and was sufficient...

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