DOLAN v. SIMPSON

No. 206.

152 S.E.2d 523 (1967)

269 N.C. 438

Dan DOLAN, Minor by his next friend, William C. Dolan v. Helen Lynn SIMPSON, Alexander Oldham McCarley, John D. McCarley, Jr., and John D. McCarley, III, t/a Echo Farm Dairy.

Supreme Court of North Carolina.

February 3, 1967.


Attorney(s) appearing for the Case

Burnett & Burnett and Aaron Goldberg, Wilmington, for plaintiff.

R. S. McClelland and W. Allen Cobb, Wilmington, for Helen Lynn Simpson, defendant.

Marshall & Williams, Wilmington, for Alexander Oldham McCarley, John D. McCarley, Jr., and John D. McCarley, III, defendants.


SHARP, Justice.

Appellant's first assignment of error challenges the court's judgment nonsuiting defendants McCarley. In his complaint, plaintiff alleges that the driver of the McCarley station wagon was negligent in that he operated it at an excessive rate of speed, without having it under proper control, without keeping a proper lookout, and in that he failed to yield the right of way to the Simpson vehicle, which was...

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