Cory v. Cory
Decision Date | 20 September 1933 |
Docket Number | 19. |
Citation | 170 S.E. 629,205 N.C. 205 |
Parties | CORY v. CORY. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Graham County; John H. Clement, Judge.
Action by Addie Cory against J. B. Cory. From a judgment dismissing the action, plaintiff appeals.
Affirmed.
In guest's action for injuries in head-on collision evidence held insufficient to make jury case on question whether host was negligent in failing to drive automobile off highway onto shoulder.
This is an action to recover damages for personal injuries suffered by the plaintiff while she was riding in an automobile driven by the defendant, as his guest.
The injuries suffered by the plaintiff were excused by a head-on collision between the automobile in which she was riding and another automobile.
The allegations in the complaint that the collision between the two automobiles was caused by the negligence of the defendant in failing to drive his automobile off the highway, and thus avoiding the collision, were denied in the answer.
At the close of the evidence for the plaintiff, the defendant moved for judgment dismissing the action as upon nonsuit, on the ground that there was no evidence, tending to sustain the cause of action alleged in the complaint. The motion was allowed, and plaintiff excepted.
From judgment dismissing the action, the plaintiff appealed to the Supreme Court.
Moody & Moody, of Murphy, for appellant.
Johnston & Horner, of...
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