COLE v. VOGEL

No. 708DC48.

174 S.E.2d 875 (1970)

Fred COLE t/a Cole's Radio & TV Service v. Robert James VOGEL. Elsie F. COLE v. Robert James VOGEL.

Court of Appeals of North Carolina.

June 24, 1970.


Attorney(s) appearing for the Case

Turner & Harrison, by Fred W. Harrison, Kinston, for plaintiff appellants.

Lucas, Rand, Rose, Meyer & Jones, by David S. Orcutt, Wilson, for defendant appellee.


MALLARD, Chief Judge.

Plaintiffs' evidence, in substance, except where quoted, was: Fred Cole was on 16 March 1966 the owner and driver of a 1966 Mercury station wagon. At the time of the collision, Elsie F. Cole, his wife, was a passenger in the vehicle. The collision occurred about 10 miles south of Jacksonville, North Carolina, on Highway 17 at a "T" intersection. The male plaintiff testified:

"As I approached this intersection I saw an automobile that...

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