Vinson v. Everette, 219 N.C. 862 (1941)

March 19, 1941 · Supreme Court of North Carolina

219 N.C. 862

J. A. VINSON v. P. L. EVERETTE, Trading as A. & E. TRUCK LINE.

(Filed 19 March, 1941.)

Appeal by plaintiff from NimocJcs, J., September Term, 1940, of Wayne.

No error.

This was an action to recover damages for personal injury growing-out of collision between the plaintiff’s automobile and the defendant’s truck, at a street crossing in Goldsboro. The defendant set up the defense of contributory negligence. Issues of negligence, contributory negligence and damages were submitted to tbe jury. Tbe jury answered tbe issue addressed to tbe defendant’s negligence in favor of plaintiff, but found that tbe plaintiff by bis own negligence contributed to bis injury. From judgment on tbe verdict in favor of defendant, tbe plaintiff appealed.

J. Faison Thomson and Scott B. Berkeley for plaintiff, appellant.

Royall, Gosney & Smith and James Glenn for defendant, appellee.

Peb Cubiam.

There being evidence to support tbe verdict of tbe jury in favor of tbe defendant on tbe issue of contributory negligence, tbe judgment dismissing tbe action must be upheld, unless there was error in tbe admission of evidence or in tbe charge of tbe court addressed to that issue. A careful examination of tbe record leads us to tbe conclusion that tbe exceptions to tbe admission of testimony and to tbe instructions given by tbe court to tbe jury are without substantial merit.

In tbe trial we find

No error.