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GRIMES v. GIBERT

No. 6914SC388.

170 S.E.2d 65 (1969)

6 N.C. App. 304

Milton GRIMES v. Sherrill S. GIBERT, Celia Gibert, Edward Harper Brown, Administrator of the Estate of Edward M. Brown, deceased, Charles Bullins, Ronald W. Moore and Howard J. Best.

Court of Appeals of North Carolina.

October 22, 1969.

Attorney(s) appearing for the Case

Powe, Porter & Alphin, by Willis P. Whichard and W. Travis Porter, Durham, for plaintiff appellant.

Spears, Spears, Barnes & Baker by Alexander H. Barnes, Durham, for defendant appellee Moore.

BRITT, Judge.

The question for determination is whether the complaint states facts sufficient to show any negligence on the part of defendant Moore which was a proximate cause of the collisions in which plaintiff was injured. More specifically, does it affirmatively appear upon the face of the complaint, as contended by defendant Moore, that the negligence alleged against him by plaintiff was superseded and completely insulated by the intervening negligence of the...

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