Poole v. Jones, 191 N.C. 826 (1926)

April 7, 1926 · Supreme Court of North Carolina

191 N.C. 826

WILLIE POOLE v. C. H. JONES.

(Filed 7 April, 1926.)

Appeal by plaintiff from Finley, J., at November Term, 1925, of E OKSYTH.

Civil action to recover damages for an alleged negligent injury sustained by tbe plaintiff while a passenger on tbe defendant’s bus operated for hire in tbe city of Winston-Salem.

Upon denial of liability, tbe usual issues of negligence, contributory negligence and damages were submitted to tbe jury, and a verdict returned in favor of tbe defendant on tbe first issue.

From tbe judgment rendered thereon, denying any right of recovery, tbe plaintiff appeals, assigning errors. ,

Wallace & Wells and, Manly, Hendren & Womble for plaintiff.

Graves & Graves and Raymond G. Parlcer for defendant.

Per Curiam.

Tbe appeal presents several exceptions which were •the subject of earnest debate before us, and while they are not altogether free from difficulty, a careful perusal of tbe entire record confirms us in tbe belief that tbe ease has been tried in substantial accord with tbe principles of law applicable.

Tbe charge, when taken as a whole, would seem to be free from any reversible error.

Tbe case presents no new or novel question of law; it only calls for tbe application of old principles to new facts. Tbe verdict and judgment will be upheld.

No error.