Wainwright v. Miller

The evidence in this case, viewed in the light most favorable to the plaintiff tends to show the following facts:

Bright Street in the City of Kinston is thirty-five feet wide, paved, and runs east and west. It is crossed at right angles by McDaniel Street which runs north and south. There was a path, but no paved sidewalk, on the north side of Bright Street. On the afternoon of November 27, 1959 the Christmas parade was held in down-town Kinston, and at about 3:00 p.m. children from 'all over town were returning to their homes from the parade. Plaintiff’s intestate, Alex Wainwright, Jr., an…