HEARNE v. SMITH

No. 7419SC625.

208 S.E.2d 268 (1974)

23 N.C. App. 111

Joe Chris HEARNE, Jr. v. Clarence Odell SMITH.

Court of Appeals of North Carolina.

Certiorari Denied November 8, 1974.


Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff appellant.

Henson, Donahue & Elrod by Daniel W. Donahue, Greensboro, for defendant appellee.


Certiorari Denied by Supreme Court November 8, 1974.

VAUGHN, Judge.

Defendant-movant relies on plaintiff's allegation that plaintiff was the owner of and passenger in an automobile which was negligently driven by Walter Ivey Smith so as to proximately cause a collision and resulting injury and damage to plaintiff. Defendant then moves for summary judgment on the grounds that as a result of plaintiff's capacity as owner and status as passenger, Walter Ivey...

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