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JONES v. SMITH

No. 681SC250.

165 S.E.2d 56 (1969)

3 N.C. App. 396

Mary Ownley JONES, Widow v. Henry Franklin SMITH and Hill Manufacturing Company of North Carolina, Inc.

Court of Appeals of North Carolina.

January 15, 1969.

Attorney(s) appearing for the Case

Russell E. Twiford, O. C. Abbott, and John S. Kisiday, Elizabeth City, for plaintiff appellant.

Leroy, Wells, Shaw & Hornthal by Charles C. Shaw, Jr., and J. Fred Riley, Elizabeth City, for Henry Franklin Smith, defendant appellee.

Hall & Hall by John H. Hall, Jr., Elizabeth City, for Hill Manufacturing Co. of North Carolina, Inc., defendant appellee.

MORRIS, Judge.

The evidence presented at the trial, taken in the light most favorable to the plaintiff, tells the following story.

On 30 July 1964, at approximately 5:30 p. m. Charles Jones picked up his brother, Joseph Robert Jones, who was 16 years of age, at his mother's home and carried him to the Webb Drive-In Theater where he held a part-time job. The Webb Drive-In Theater is located on the Weeksville Road, south of Elizabeth City, North Carolina. The...

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