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BASDEN v. SUTTON

No. 694SC414.

171 S.E.2d 77 (1969)

7 N.C. App. 6

Sarah A. BASDEN, Administratrix of the Estate of Edward Denny Basden, Deceased v. Morris Lee SUTTON, Original Defendant, and John Isaac Cooper and Archie Leon Lanier, Additional Defendants.

Court of Appeals of North Carolina.

December 17, 1969.

Attorney(s) appearing for the Case

Wallace, Langley & Barwick, by R. S. Langley and F. E. Wallace, Jr., Kinston, for plaintiff-appellant.

Marshall & Williams, by Lonnie B. Williams, Wilmington, for original defendant Sutton appellee.

Gavin & Gavin, by Vance B. Gavin, Kenansville, and Rivers D. Johnson, Jr., Warsaw, for additional defendants.

MORRIS, Judge.

Plaintiff's exception and assignment of error presents two questions on appeal: (1) Did plaintiff offer sufficient evidence to make out a prima facie case of actionable negligence against the defendant? and (2) If so, does plaintiff's evidence establish the contributory negligence of her intestate as a matter of law?

The law imposes upon a motorist certain positive duties and requires of him constant care and attention.

"He must...

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