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DAVIS v. GAMBLE

No. 818SC467.

286 S.E.2d 629 (1982)

Amos F. DAVIS v. Charles N. GAMBLE and Franklin Oliver.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

White, Allen, Hooten, Hodges & Hines, P.A. by John C. Archie, Kinston, for plaintiff.

Barnes, Braswell & Haithcock, P.A. by W. Timothy Haithcock, Goldsboro, for defendants.

WHICHARD, Judge.

The following evidence was uncontroverted:

Plaintiff's agent and employee, Roy Dexter Mozingo, was operating plaintiff's tractor-trailer truck (hereafter "truck") in a southerly direction on N.C. Highway 903. Defendant Oliver's agent and employee, defendant Gamble, was operating defendant Oliver's farm tractor and tobacco trailer in the same direction at the same time, some distance in front of Mozingo. As Mozingo approached the tractor-trailer...

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