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RECTOR v. ROBERTS

No. 370.

141 S.E.2d 482 (1965)

264 N.C. 324

Tommy Hugh RECTOR, Administrator of the Estate of Donald Perry Rector, Deceased, Plaintiff, v. Clarence Claude ROBERTS, Individually, Clarence Claude Roberts, Administrator of the Estate of Donald Claude Roberts, Deceased, and Jeter Fortner, Administrator of the Estate of William Ralph Ball, Deceased, Defendants.

Supreme Court of North Carolina.

April 28, 1965.

Attorney(s) appearing for the Case

Wade Hall, Asheville, for plaintiff appellant.

Van Winkle, Walton, Buck & Wall, by O. E. Starnes, Jr., Asheville, for defendant Roberts.

Williams, Williams & Morris, by William C. Morris, Jr., and James F. Blue, III, Asheville, for defendant Wallin.

RODMAN, Justice.

The appeal presents these questions: (1) Is the evidence sufficient to permit a finding that the negligence of the driver proximately caused Rector's death? If so, the court should not have allowed Roberts' motion to nonsuit. This is true because Roberts, by his answer, admitted the 1959 Chevrolet was maintained by him as a family purpose car, and was on the night in question being used for that purpose by Donald; Ball was operating the vehicle when...

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