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MANESS v. BULLINS

No. 7119SC199.

181 S.E.2d 750 (1971)

11 N.C. App. 567

Larry Edward MANESS, by his next friend Bertha L. Maness v. Ronald Clyde BULLINS and Clyde Columbus Bullins. Daniel Alexander MANESS, Jr. v. Ronald Clyde BULLINS and Clyde Columbus Bullins.

Court of Appeals of North Carolina.

June 23, 1971.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellants.

Coltrane & Gavin, by W. E. Gavin, Asheboro, for defendant appellees.

VAUGHN, Judge.

Evidence of defendant driver's negligence was plenary. The defendants contended, however, that Larry Maness, the plaintiff passenger, was contributorily negligent in that he voluntarily rode with Bullins with knowledge that Bullins was under the influence of an intoxicant. Bullins testified that he and Maness drank a pint of whiskey together during a two-hour period immediately preceding the accident and that he, Bullins, was under the influence of...

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