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252 N.C. 477

Ashford v. Fox

Supreme Court of North Carolina · decided 1960-05-04

Decided 1960-05-04

Per Curiam.

¶1There is no evidence tending to support the allegation in the complaint to the effect that the defendant Clawson was the agent of the defendant Fox at the time plaintiff’s intestate met her death.

¶2Moreover, there is no evidence tending to show that the defendant Clawson knew that the exhaust pipe of the car had become stopped *479up or rendered defective in any manner at the time he left plaintiff’s intestate to get help in order that the car might be removed from the ditch.

¶3In our opinion, plaintiff’s evidence is insufficient to establish actionable negligence against these defendants or either of them.

¶4The judgment below is Affirmed.

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