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LEGGETTE v. J. D. McCOTTER, INC.

No. 191.

144 S.E.2d 849 (1965)

265 N.C. 617

Norah Adell LEGGETTE, Widow, and Norah Adell Leggette, Next Friend of Mavis Leggette Carliles, Brenda Darnelle Leggette, Judy Caroline Leggette, Dorothy Lou Ann Leggette, Minor Children of Clayton Lee Leggette, Deceased, Employee, v. J. D. McCOTTER, INC., Employer, and Casualty Reciprocal Exchange, Carrier, and Crowder Construction Company, Employer, and Aetna Casualty & Surety Company, Carrier.

Supreme Court of North Carolina.

November 24, 1965.

Attorney(s) appearing for the Case

Carter & Ross, Washington, for plaintiff appellees.

Young, Moore & Henderson, by B. T. Henderson, II, and J. Allen Adams, Raleigh, for defendant appellants.

Barden, Stith, McCotter & Sugg, by D. C. McCotter, Jr., New Bern, for defendant appellees.

DENNY, Chief Justice.

The determinative question on this appeal, based on the facts revealed by the record, is simply this: Is Crowder or McCotter, or both of them, together with their carriers, liable to the plaintiffs as the result of the death of Leggette?

In Weaver v. Bennett, 259 N.C. 16, 129 S.E.2d 610, a statement from Nepstad v. Lambert, 235 Minn. 1

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