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NOLAN v. BOULWARE

No. 7322DC437.

204 S.E.2d 701 (1974)

21 N.C. App. 347

Charlie C. NOLAN, Sr., Plaintiff, v. Georgia BOULWARE and Emmitt Russell Moxley, Original Defendants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Third-Party Defendant. Eliza McLaurin NOLAN, Plaintiff, v. Georgia BOULWARE and Emmitt Russell Moxley, Original Defendants, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

Certiorari Denied July 1, 1974.

Attorney(s) appearing for the Case

Klass & Beeker by Ned A. Beeker, Lexington, for plaintiffs appellees.

Walser, Brinkley, Walser & McGirt by Charles H. McGirt and G. Thompson Miller, Lexington, for defendant appellant Georgia Boulware.

Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly, Jr., Winston-Salem, for additional defendant appellee Lumbermens Mutual Casualty Co.

Certiorari Denied by Supreme Court July 1, 1974.

PARKER, Judge.

Appellant Boulware first assigns as error the denial of her motion for a directed verdict on the issue of agency, contending that submission of such an issue was supported neither by allegation nor proof. Considering first the sufficiency of the allegation, it is clear that under our former practice when a plaintiff sought to hold a defendant liable for the negligence of another, it was necessary...

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