Fields ex rel. Fields v. Brown, 205 N.C. 543 (1934)

Jan. 10, 1934 · Supreme Court of North Carolina

205 N.C. 543

LEWIS FIELDS, an Infant, by SUSIE B. FIELDS, His Next Friend, v. GROVER C. BROWN.

(Filed 10 January, 1934.)

Automobiles D c — Evidence of father’s negligence in allowing son under sixteen years of age to drive truck held sufficient for jury.

Evidence that a father allowed his son under sixteen years of age to drive his truck, that the father had been told that the son was a reckless driver, and that the son while driving the truck to a certain destination as instructed by his father, drove carelessly and recklessly, resulting in an accident and injury to a gratuitous guest riding in the truck, is held properly submitted to the jury in the guest’s action against the father to recover for the damages sustained.

Civil actioN, before Darnels, J., at January Term, 1933, of WabeeN.

Tbe evidence tended to sbow that tbe plaintiff, a young man about twenty years of age, was riding as a gratuitous passenger or guest in a truck owned by tbe defendant and driven at tbe time by bis son, Thurs-ton Brown, wbo was under sixteen years of age. Tbe evidence further tended to sbow that tbe truck approached a car traveling in tbe same direction while both cars were approaching a curve. Tbe plaintiff said: “You could not see around tbe curve on our right-band. . . . On tbe left.side there was just a deep fill about six or seven feet deep. . . . Tbe car in front of us was going in tbe same direction Thurston Brown was going. Thurston tried to pass the other car, but did not blow, and about tbe time be tried to pass be turned over down that bill. Thurston didn’t blow bis born and tbe man in front did not turn out. In my opinion Thurston didn’t have room to get by. He was going about thirty-five or forty miles an hour. Thurston was just in tbe start of tbe curve when be started to pass tbe other car. He never got by tbe other car but turned over just as be got beside it. The left-hand wheel ran off in the fill and after the truck ran off it turned over two times to my remembrance.”

The plaintiff sustained a broken leg and other serious and permanent injuries. Issues of negligence and damages were submitted to the jury and answered in favor of the plaintiff, awarding $450.00 damages. From judgment upon the verdict the defendant appealed.

Polk & Gibbs for plaintiff.

Julius Banzet and, Frank Banzei for defendant.

BeogdeN, J.

The defendant, Grover 0. Brown, owned a truck. He directed his son, a boy less than sixteen years of age, to take the truck and'carry Peter Williams and Tom Davis to.Warrenton. Tbe plaintiff was riding in tbe truck as a guest. There was evidence tbat in carrying out tbe instructions of tbe father tbe son operated tbe truck in a careless and negligent manner, thereby causing tbe same to leave tbe road, turn over and inflict serious and permanent injuries upon tbe plaintiff. A witness for plaintiff testified: tbat prior to tbe injury be bad notified tbe defendant tbat bis son drove too fast. Tbe language used by this witness discloses a striking figure of speech which adds materially to tbe richness of metaphors. He said: “I told him I thought it would be better to learn one of bis girls to drive instead of letting Thurston drive, and tbat if be didn’t I thought be would have a bole cut in bis family.”

Tbe trial judge ruled correctly in submitting tbe cause to tbe jury. Eller v. Dent, 203 N. C., 439, 166 S. E., 330.

There are certain exceptions to tbe charge, but they are not sustained as tbe instructions are fully warranted by tbe decisions in Eller v. Dent, supra, and Dreher v. Divine, 192 N. C., 325, 135 S. E., 29.

No error.