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SAMUEL v. EVANS

No. 703.

141 S.E.2d 627 (1965)

264 N.C. 393

Robert William SAMUEL v. Nick EVANS. John C. COOPER, v. Nick EVANS, Original Defendant, and Robert William Samuel, Additional Defendant.

Supreme Court of North Carolina.

May 5, 1965.

Attorney(s) appearing for the Case

Boyan & Wilson, High Point, for Robert William Samuel, plaintiff, appellant.

Morgan, Byerly, Post & Keziah, High Point, for John C. Cooper, plaintiff, appellant.

Haworth, Riggs, Kuhn & Haworth, High Point, for Nick Evans, defendant, appellee.

PER CURIAM:

Both plaintiffs assign as error the denial of plaintiff Samuel's motion to dismiss original defendant Evans' cross action for contribution against him as additional defendant. The ruling of the court was obviously correct. Samuel's testimony that he approached and entered the intersection at 40 MPH and that, after seeing Evans stopped at the intersection, he traveled 100 feet without again observing the Evans car tended to establish, on the part of Samuel...

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