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CHERRY v. SMALLWOOD

No. 696SC411.

171 S.E.2d 83 (1969)

7 N.C. App. 56

Austin CHERRY v. Jessie SMALLWOOD.

Court of Appeals of North Carolina.

December 15, 1969.

Attorney(s) appearing for the Case

Jones, Jones & Jones, Ahoskie, by A. B. Harrington, Jr., for plaintiff appellant.

Cherry & Cherry, by Thomas L. Cherry, Ahoskie, for defendant appellee.

MALLARD, Chief Judge.

Plaintiff's evidence tended to show these facts: On the night of 3 September 1967 plaintiff, while riding in the front seat of an automobile owned and operated by the defendant who was his brother-in-law, was injured. There were two other persons in the back seat of the automobile. Defendant, as an adverse witness for plaintiff, testified:

"I was on the way taking my brother-in-law home and the other two fellows and I was driving along...

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