Lertz v. Hughes Bros., 208 N.C. 495 (1935)

Sept. 18, 1935 · Supreme Court of North Carolina

208 N.C. 495

GRACE W. LERTZ v. HUGHES BROTHERS, INCORPORATED, JAMES B. HUGHES, J. W. HUGHES, MRS. NELSON HUGHES, MRS. ANNIE T. HUGHES, and MISS JULIA McLAURIN.

(Filed 18 September, 1935.)

Appeal by plaintiff from judgment of nonsuit as to tbe defendant Julia McLaurin, entered by Prizzelle, J., at February Term, 1935, of New Hanovee.

Affirmed.

Kellum & Humphrey and B. M. Kermon for plaintiff, appellant.

Carr, Poisson & James, and Robert D. Qronly, Jr., for defendant, appellee.

ScheNgk, J.

Tbis was a civil action instituted to recover damages for personal injuries alleged to bave been caused by tbe negligent operation by tbe defendant, Julia McLaurin, of an automobile in wbicb tbe plaintiff was a guest passenger.

Julia McLaurin, tbe appellee, was a codefendant witb Hughes Brothers, Incorporated, appellants in Lertz v. Hughes Brothers, Inc., et al., argued jointly witb tbis appeal in tbis Court. On tbe argument it was stated by counsel for tbe plaintiff, appellant herein, that if tbe plaintiff's judgment against Hughes Brothers, appellant in tbe other appeal, was upheld, she would be no longer interested in tbis appeal. Said judgment has been affirmed, ante, 490. ¥e bave, nevertheless, examined tbe record and think that bis Honor ruled correctly in allowing Miss Mc-Laurin’s motion for judgment as of nonsuit.

Affirmed.