MABE v. HILL

No. 446.

150 S.E.2d 855 (1966)

268 N.C. 459

Claude W. MABE v. Raymond HILL and Maggie Hill.

Supreme Court of North Carolina.

November 9, 1966.


Attorney(s) appearing for the Case

R. Floyd Crouse, Sparta, McElwee & Hall, North Wilkesboro, for plaintiff.

Johnston & Johnston, Jefferson, for defendants.


PER CURIAM.

The plaintiff's sole allegation of negligence was the failure of the feme defendant to "keep her brakes on as she was instructed to do by the plaintiff." He bottoms his case on two statements alleged to have been made by feme defendant. First, a statement to the plaintiff that she "could have released her foot off the brake." This is neither an admission nor declaration by the feme defendant which is sufficiently definite, certain or unequivocal to be...

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