It is not perceived upon what theory the action could be dismissed as against the defendant Landin. S. v. Cope, 204 N. C., 28, 167 S. E., 456. There is not only evidence of his reckless driving but also of his intoxication; and death as a result of the collision is *22admitted. S. v. Dills, 204 N. C., 33, 167 S. E., 459. This made it a case for the jury so far as Landin is concerned. S. v. Stansell, 203 N. C., 69, 164 S. E., 580.
In passing upon the sufficiency of the evidence, raised by demurrer or motion to nonsuit, the court is required merely to ascertain whether there is any competent evidence to sustain the allegations of the indictment. S. v. Marion, 200 N. C., 715, 158 S. E., 406; S. v. Carlson, 171 N. C., 818, 89 S. E., 30; S. v. Rountree, 181 N. C., 535, 106 S. E., 669.
On the other hand, a careful perusal of the record leaves us with the impression that the demurrer to the evidence should have been sustained as to Willie Bryant. S. v. Satterfield, 198 N. C., 682, 153 S. E., 155; S. v. Agnew, 202 N. C., 755, 164 S. E., 578; S. v. Cope, supra; S. v. Lancaster, 208 N. C., 349.
It is true the defendant Bryant may have entered the intersection at an excessive rate of speed, nevertheless his negligence in this respect had' spent itself and would have been harmless but for the reckless driving of the defendant Landin. The Terraplane was on its right side of the road, and had passed the center of East Street before it was struck by the Chevrolet. S. v. Satterfield, supra; S. v. Fulcher, 184 N. C., 663, 113 S. E., 769.
The doctrine of insulating the conduct of one, even when it amounts to inactive negligence, by the intervention of the active negligence of a responsible third party, has been applied in a number of cases. Haney v. Lincolnton, 207 N. C., 282, 176 S. E., 573; Baker v. R. R., 205 N. C., 329, 171 S. E., 342; S. v. Eldridge, 197 N. C., 626, 150 S. E., 125; Brigman v. Const. Co., 192 N. C., 791, 136 S. E., 125; S. v. Whaley, 191 N. C., 387, 132 S. E., 6.
On Landin’s appeal, No error.
On Bryant’s appeal, Reversed.
Devin, J., took' no part in the consideration or decision of this case.