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LASSITER v. JONES

No. 701SC162.

174 S.E.2d 630 (1970)

John Henry LASSITER, Administrator of the Estate of William Bobbie Lassiter, Deceased v. Delphine G. JONES, Administratrix d.b.n. of the Estate of Thomas Augustus Lassiter III, Deceased and Dickerson, Inc. John Henry LASSITER, Administrator of the Estate of Dennis Allen Lassiter, Deceased v. Delphine G. JONES, Administratrix d.b.n. of the Estate of Thomas Augustus Lassiter, III, Deceased, and Dickerson, Inc.

Court of Appeals of North Carolina.

Certiorari Denied August 28, 1970.

Attorney(s) appearing for the Case

Jones, Jones & Jones, by L. Bennett Gram, Jr., Ahoskie, for plaintiff-appellee.

Leroy, Wells, Shaw, Hornthal & Riley, by L. P. Hornthal, Elizabeth City, for defendant-appellant.

MALLARD, Chief Judge.

Plaintiff administrator in each case alleged that the defendant's intestate Thomas was negligent in the operation of the automobile in causing the automobile to leave the road and "drove the said automobile into the right-hand temporary bridge railing and into the mill pond whereby the automobile was totally submerged in water and plaintiff's intestate was killed." The plaintiff administrator invoked the evidentiary doctrine of res ipsa loquitur...

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