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DUNNING v. FORSYTH WAREHOUSE CO.

No. 454.

158 S.E.2d 893 (1968)

272 N.C. 723

Margaret Ann DUNNING by her Next Friend, Walter F. Sowers v. FORSYTH WAREHOUSE CO., t/a Star Warehouse.

Supreme Court of North Carolina.

February 2, 1968.

Attorney(s) appearing for the Case

John F. Motsinger, Deal, Hutchins & Minor, by Roy L. Deal, Winston-Salem, for plaintiff appellant.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by Norwood Robinson, Winston-Salem, for defendant appellee.

HIGGINS, Justice.

On the former appeal, this Court affirmed the judgment of nonsuit and dismissed the action against the City of Winston-Salem upon the ground the plaintiff had failed to give the notice required as a condition precedent to a suit against the city. This Court also affirmed the nonsuit of the action against the present defendant upon the ground the evidence failed to show the defendant created or was responsible...

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