Johnson v. Hoffler &. Boney Transfer Co

• Decision Date: 22 March 1933
• Docket Number: No. 54,54
• Citation: 204 N. C. 420,168 S.E. 495
• Court: North Carolina Supreme Court
• Parties: JOHNSON . v. HOFFLER &. BONEY TRANSFER CO.

168 S.E. 495

204 N. C. 420

JOHNSON .

v.HOFFLER &. BONEY TRANSFER CO.

No. 54

Supreme Court of North Carolina.

March 22, 1933

.

.

Appeal from Superior Court, Martin County; Daniels, Judge.

Action by E. A. Johnson against Hoffler & Boney Transfer Company. From judgment for plaintiff, defendant appeals.

No error.

This is an action to recover damages for injury to person and property, growing out of a collision of the plaintiffs car with a truck owned by the defendant and operated by its employees.

The plaintiff offered evidence tending to show that on November 3, 1931, between 8 and 11 o'clock at night, he was traveling southward in a Chevrolet car on highway No. 40 between Wilson and Fremont at about 35 miles an hour; that his lights were burning; that his car was on the right side of the paved road and was under control; that he could have stopped within the range of his lights; that the defendant negligently left its truck, more than 26 feet in length, standing diagonally on the highway without lights; that its flat body was thirty-eight inches from the ground and extended more than eight feet behind the rear axle; that by reason of the defendant's negligence his car struck the truck and was badly damaged, and that he was seriously and permanently injured. '

The defendant denied negligence, denied that the truck had obstructed the part of the highway on which the plaintiff should have been traveling, and alleged that, owing to a sudden and unexpected break in the electrical apparatus, the front and rear lights went out and the truck rolled to the left side of the road onto the shoulder, leaving a small part of the body on the pavement; that an extension dash light, still burning, was affixed to the rear of the truck; that the defendant was in no respect negligent; and that the collision and consequent injury were due to the contributory negligence of the plaintiff.

Issues of the defendant's negligence, the plaintiffs contributory negligence, and damages were answered in favor of the plaintiff, and the defendant appealed.

W. S. Wilkinson, Jr., of Rocky Mount, R. D. Johnson, of Warsaw, and Coburn & Coburn, of Williamston, for appellant.

J. C. Smith, of Robersonville, and Hugh G. Horton, and A. R. Dunning, both of Williams-ton, for appellee.

ADAMS, Justice.

For the purpose of ascertaining whether the jury was affected by partiality or bias, counsel for the plaintiff inquired whether any juror represented an automobile liability insurance company or any insurance company, or worked for an agent of either of such companies, or had sold liability insurance. The defendant's objection to the evidence was overruled..We find nothing in the record to indicate that the questions were...