Mull ex rel. Mull v. Mock, 197 N.C. 785 (1929)

May 29, 1929 · Supreme Court of North Carolina
197 N.C. 785

GEORGIA MULL, by Her Next Friend, LORETTA MULL, v. J. M. MOCK et al., Trading as ALLEN-SILER COMPANY.

(Filed 29 May, 1929.)

Appeal by defendants from Harwood, Special Judge, at tbe March-April Special Term, 1929, of Haywood.

No error.

John M. Queen and Alley & Alley for plaintiff.

Morgan, Ward & Stamey for defendants.

PeR Curiam.

Tbe plaintiff brought suit to recover damages for personal injury alleged to bave been caused by tbe negligence of tbe defendants. There was evidence tending to show that on 80 June, 1928, tbe plaintiff, a girl 13 years of age, was returning to her home on highway No. 10, and that she was struck by a truck belonging to tbe defendants and operated by one of their employees. Tbe defense was that tbe plaintiff’s injury was caused solely by tbe negligence of a man named Morgan who was driving bis automobile on tbe highway. Tbe controversy was reduced practically to issues of fact, which were submitted to tbe jury and answered in favor of tbe plaintiff. We bave examined tbe exceptions of tbe appellants and bave been unable to find any substantial ground for a new trial.

No error.