Smith v. University Construction Co., 243 N.C. 442 (1956)

Jan. 13, 1956 · Supreme Court of North Carolina
243 N.C. 442

MRS. ADDIE LILLIAN SMITH v. UNIVERSITY CONSTRUCTION COMPANY, INC., W. G. FIELDS and Wife, MINNIE B. FIELDS, GLYNN FIELDS and Wife, JACKIE FIELDS, W. G. FIELDS, JR., and Wife, NANETTE WOOD FIELDS, FRANK M. CARLISLE and Wife, THEO FIELDS CARLISLE, Individually and Doing Business as UNIVERSITY CONSTRUCTION COMPANY.

(Filed 13 January, 1956.)

Appeal by defendants from Bickett, J., May Term, 1955, of ORANGE.

This is a civil action to recover for personal injuries sustained by the plaintiff when the defendants’ garbage truck, which had been parked near the plaintiff’s home, with the motor running, where it remained unattended for some ten minutes, rolled downhill toward plaintiff’s house and struck the plaintiff who was on her porch, pinning her to the porch and inflicting upon her serious injuries.

. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendants appeal, assigning error.

John T. Manning and Baade, Fuller, Newsom & Graham for appellee.

Bonner D. Sawyer and L. J. Phipps for appellants.

PeR Cueiam.

We have carefully examined the defendants’ assignments of error and in our opinion they present no prejudicial error of sufficient merit to justify a new trial. Hence, in the trial below we find

No error.