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Kornegay v. Williams

Supreme Court of North Carolina
Oct 1, 1942
22 S.E.2d 228 (N.C. 1942)

Opinion

(Filed 14 October, 1942.)

APPEAL by plaintiff from Grady, Emergency Judge, at March Term, 1942, of WAYNE.

J. Faison Thomson and J. T. Flythe for plaintiff, appellant.

Royall, Gosney Smith for defendant, appellee.


This is an action for the alleged wrongful death of the plaintiff's intestate, who was killed when struck by a trailer loaded with lumber and drawn by an automobile of the defendant upon Breazeale Avenue (U.S. No. 117), near the intersection with Main Street (N.C. No. 55), in the town of Mount Olive.

The Court being of the opinion that the case is governed by the principles enunciated in Pack v. Auman, 220 N.C. 704, 18 S.E.2d 247, and Mitchell v. Melts, 220 N.C. 793, 18 S.E.2d 406, the demurrer to the evidence was properly sustained and the judgment as in case of nonsuit was properly entered.

Affirmed.


Summaries of

Kornegay v. Williams

Supreme Court of North Carolina
Oct 1, 1942
22 S.E.2d 228 (N.C. 1942)
Case details for

Kornegay v. Williams

Case Details

Full title:MRS. BESSIE POPE KORNEGAY, ADMINISTRATRIX OF R. C. KORNEGAY, v. D.C…

Court:Supreme Court of North Carolina

Date published: Oct 1, 1942

Citations

22 S.E.2d 228 (N.C. 1942)
222 N.C. 751