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KINSEY v. TOWN OF KENLY

No. 527.

139 S.E.2d 686 (1965)

263 N.C. 376

W. L. KINSEY, Administrator of the Estate of David Bethea, Deceased, v. TOWN OF KENLY, Carl Durham, Ralph Davis, and Eula Mae Stancil and Kenneth H. Stancil.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Spence & Mast, Smithfield, for plaintiff appellee.

Smith, Leach, Anderson & Dorsett, Raleigh, and William R. Britt, Smithfield, for Town of Kenly and Carl Durham, defendant appellants.

BOBBITT, Justice.

While the administrator is now the party plaintiff, this is a personal injury action. Hereafter, David Bethea, the injured person—original plaintiff, will be referred to by name (Bethea) rather than as plaintiff or original plaintiff.

Bethea was injured about 12:05 a. m., on Sunday, October 30, 1960, as a result of a collision of three automobiles. The collision occurred on U. S. Highway #301, a main north-south route, which...

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