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KINLAW v. NORFOLK SOUTHERN RAILWAY COMPANY

No. 613.

152 S.E.2d 329 (1967)

269 N.C. 110

Annie P. KINLAW, Administratrix of the Estate of Herman Floyd Kinlaw and the United States Fidelity and Guaranty Company v. NORFOLK SOUTHERN RAILWAY COMPANY.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Neill Mck. Ross, Lillington, and D. K. Stewart, Dunn, for plaintiff appellants.

R. N. Simms, Jr., Raleigh, for defendant appellee.

LAKE, Justice.

The allegation in the complaint that the plaintiff is the duly qualified and acting administratrix of the deceased is denied in the answer and the record does not disclose any evidence that she was so appointed. Nothing else appearing, the judgment of nonsuit would have been proper on this ground. Graves v. Welborn, 260 N.C. 688, 133 S.E.2d 761, 3 A.L.R.3d 1225; Carr v. Lee,

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