Farrar v. Farrar, 260 N.C. 583 (1963)

Nov. 27, 1963 · Supreme Court of North Carolina

260 N.C. 583

IVAN EMORY FARRAR v. WILLIAM FARRAR.

(Filed 27 November 1963.)

Automobiles § 47—

Evidence that defendant, while his invitee was attempting to enter the vehicle but before he was actually in, started the vehicle, resulting in injury to the invitee, held sufficient to be submitted to the jury on the issue of negligence.

Appeal by plaintiff from Crissman, J., February 25, 1963 Civil Session, Guilford Superior Court, Greensboro Division.

Civil action to. recover damages for personal -injury allegedly caused iby -defendant’s -actionable negligence. From a judgment -oif nonsuit (entered -at the c-lo-se of -the evidence, the plaintiff appealed.

Robert S. Cahoon for plaintiff appellant.

Jordan, Wright, Henson & Nichols, and G. Marlin Evans by G. Marlin Evans for defendant appellee.

Per Curiam.

The parties -are brothers. On February 26, 1960, the plaintiff accepted -the defendant’s invitation to accompany ¡him in the latter’s pickup truck to- the h-ome -of -a near relative. The -defendant entered ¡his tr-uck from rhh-e left, -and while- the plaintiff was -attempting to enter from -the -right, but before he was -actually in -tih-e vehicle, it moved -off, inflicting personal injuries.

The -evidence moist fav-or-able to- the plaintiff .permits the inference that -defendant was careless in moving the vehicle while -the plaintiff wais in a -place of danger; that the movement resulted in- some injury to tlhe plaintiff. Appropriate issues should have -been submitted to the jury. The judgment of nonsuit is

Reversed.