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WILLIAMS v. WACHOVIA BANK & TRUST CO.

No. 763SC15.

226 S.E.2d 210 (1976)

30 N.C. App. 18

Joseph D. WILLIAMS, II, minor, by guardian ad litem, Joseph D. Williams v. WACHOVIA BANK AND TRUST COMPANY, Executor of Estate of John Waldrop Williams. Joseph D. WILLIAMS, Individually, v. WACHOVIA BANK AND TRUST COMPANY, Executor of Estate of John Waldrop Williams.

Court of Appeals of North Carolina.

Certiorari Allowed September 1, 1976.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by Robert D. Rouse, III, Greenville, for plaintiffs.

Gaylord, Singleton & McNally by Phillip R. Dixon, Greenville, for defendant.

Certiorari Allowed by Supreme Court September 1, 1976.

BROCK, Chief Judge.

The controlling question on appeal is whether the family purpose doctrine applies to Johnathan Williams' operation of the motorbike in this case. Assuming that there is sufficient evidence to submit the question of Johnathan Williams' negligence to the jury, plaintiff's sole basis for recovering against the estate of Johnathan Williams' father, the only defendant in this case, is the...

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