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SMITH v. DEAN

No. 6810SC249.

163 S.E.2d 551 (1968)

2 N.C. App. 553

Gene C. SMITH, Administrator of the Estate of Donald Joseph Pourch v. Harley Lester DEAN, Nellie Canfield and Eugene Andrew Canfield.

Court of Appeals of North Carolina.

October 16, 1968.

Attorney(s) appearing for the Case

Yarborough, Blanchard, Tucker & Yarborough by Charles F. Blanchard, Raleigh, and Newsom, Graham, Strayhorn & Hedrick, by E. C. Bryson, Jr., Durham, for plaintiff.

Joseph C. Olschner, Jacksonville, and Dupree, Weaver, Horton, Cockman & Alvis, by F. T. Dupree, Jr., Raleigh, for defendant Harley Lester Dean.

MALLARD, Chief Judge.

Plaintiff offered evidence which, in substance, tended to show that on 22 November 1965 he was the duly qualified and acting administrator of the estate of Donald Joseph Pourch who died 22 November 1965 shortly after seven o'clock A.M. from a brain injury received in the collision hereinafter referred to. On that same date at about two o'clock A.M., the defendant Dean was operating an Oldsmobile automobile at about sixty miles per hour, traveling...

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