Hill v. Winslow, 217 N.C. 794 (1940)

April 10, 1940 · Supreme Court of North Carolina
217 N.C. 794

C. E. HILL v. HUGH WINSLOW.

(Filed 10 April, 1940.)

Appeal by plaintiff from Cowper, Special Judge, at November Term, 1939, of Pitt.

J. C. Lanier for plaintiff, appellant.

Albion Dunn for defendant, appellee.

Per Curiam.

Tbe plaintiff alleges that be was riding in a trailer attached to tbe automobile of tbe defendant and that tbe negligence of tbe defendant, wbicb was tbe proximate cause of bis injury, consisted of said automobile “being operated in a careless, reckless and unlawful manner, and in reckless disregard of tbe rights and safety of tbis plaintiff, in that tbe car was being operated on a narrow and bumpy dirt road at an excessive rate of speed with respect to tbe condition of tbe road.”

*795 We have examined tbe evidence offered by tbe plaintiff and concur in bis Honor’s ruling tbat it fails to sustain tbe allegations of tbe complaint. Tbe judgment as in case of nonsuit entered at tbe close of tbe plaintiff’s evidence is, therefore,

Affirmed.