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ALLEN v. SCHILLER

No. 695DC237.

169 S.E.2d 924 (1969)

6 N.C. App. 392

Herbert P. ALLEN v. John SCHILLER, Collector of the Estate of Mildred Eulene Manus, and Charles David Formyduval.

Court of Appeals of North Carolina.

October 22, 1969.

Attorney(s) appearing for the Case

Addison Hewlett, Jr., and Jerry L. Spivey, Wilmington, for plaintiff appellant.

James, James & Crossley, by John F. Crossley, Wilmington, for defendant appellees.

FRANK M. PARKER, Judge.

Plaintiff has joined as defendants the collector of the estate of the alleged driver and the owner of the Mustang, seeking to hold the owner liable for the negligence of a nonowner operator. G.S. § 20-71.1 applies when, as in this case, the plaintiff, by appropriate allegation in the complaint, seeks to hold the owner liable under the doctrine of respondeat superior. Howard v. Sasso, 253 N.C. 185...

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