Jordan v. Blackwelder, 253 N.C. 578 (1960)

Dec. 14, 1960 · Supreme Court of North Carolina
253 N.C. 578

HAZEL FOSTER JORDAN v. BARBARA ELMORE BLACKWELDER, ROBERT R. BLACKWELDER and EDITH LORENE JONES.

(Filed 14 December, 1960.)

Appeal by defendants Blackwelder from Johnston, J., at May 1960 Regular Term, of IRedell. .

Civil action for recovery of damages for personal injury alleged to have been sustained by plaintiff while riding as a guest in; automobile operated by Edith Lorene Jones, on 31 August 1956.

The original defendants • were the Blackwélders, and Jones was made additional defendant for contribution. She filed answer to cross-action.

Upon trial of the case at August Term 1958 judgment was rendered in favor of plaintiff against defendants Blackwelder and against defendant Jones for contribution. The latter defendant only appealed. Decision below was reversed. See opinion reported in Yol. 250 N.C. 189,108 S.E. 2d 429.

Upon retrial of the action between the original defendants Black-welder and the additional defendant Jones on the cross-action for contribution under G.S. 1-240 at May 1960 Term the case was submitted to the jury upon this issue, which the jury answered as shown:

“Did the negligence on the part of Edith Lorene Jones join and concur with negligence on the part of Barbara Elmore Blackwelder as a proximate cause of the collision referred to in the pleadings? Answer: No.”

Defendants Blackwelder except and appeal to Supreme Court, and assign error.

Carpenter ■& Webb for Edith Lorene Jones appellee.

Scott, Collier, Nash & Harris for defendants Blackwelder, appellants.

PER Cueiam.

Careful consideration of all assignments of error fail to show error sufficiently prejudicial to require disturbing the *579verdict and judgment rendered. Hence in the judgment so rendered, there is .

No error.