The jury resolved the issues of fact against the appellant Wall. The evidence was sufficient to sustain the findings. The court’s rulings and charge are in accordance with established law.
No error.
Carson ex rel. Carson v. Dedmon, 253 N.C. 62 (1960)
Sept. 21, 1960
·
Supreme Court of North Carolina
253 N.C. 62
EUGENE CARSON, Minor, by his Next Friend, MYRTLE CARSON v ESPER DEDMON and GASTON CLARK WALL.
(Filed 21 September, 1960.)
Appeal by defendant Wall from McLean, J., January 1960 Term, Rutherford Superior Court.
Civil action for personal injury sustained in a collision between automobiles owned and driven by the defendants. The plaintiff was a passenger in the Wall vehicle. The collision occurred on a one-way bridge over Floyd’s Creek in Rutherford County. The plaintiff alleg*63ed, and offered evidence tending to show actionable negligence on the part of each of the defendants and that as a result thereof he sustained- injuries and damages.
Each defendant denied negligence, claiming he was first on the bridge, and that the other was at fault. Motions for nonsuit were overruled. Dedmon introduced evidence; Walt did not.
■■ The court submitted separate issues of negligence which the jury answered in favor of Dedmon and against Wall. From the judgment on-the verdipt, Wall appealed.
C. 0. Ridings, Jack M. Freeman, Stover P. Dunagan, for plaintiff, appellee.
A. Clyde Tomblin, for defendant, appellant.